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HomeMy WebLinkAboutSolid Waste Haul & Disposal Services Solicitation JUDITH T. TERRY TOWN CLERK Town Hal!, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 19, 1994 .. TO: All Bidders RE: Solid Waste Haul & Disposal Services Solicitation Southold, New York ADDENDUM NO. 1 Contract Document Revision(s) Submission Requirements: 1. Pg. A-7, Par. 8.0, Execution of Agreement, Furnishing of Bonds. Performance Bond - A Performance Bond shall be in an amount of five hundred thousand dollars ($500,000). 2. Pg. A-l0, Par, 14.0, Insurance,and Bonds, 14.1(2). General Liability. Coverage for the above will be required in not less than the following amounts: SINGLE LIMITS OF LIABILITY: One AGGREGATE LIMITS OF LIABILITY: Million Dollars ($1,000,000). Five Million Dollars ($5,000,000). 3. Pg. 13, Par. 20.0, Subcontacts. Delete (2) Ul"eqtl i-I"e-tfle-El~p6!laI-5ite-E:61'ltt"aeffil"-ffi-ftIl"l'l~n-Hl-E:61'ltt"aetol"-al'ld tfle-=J" 6W I'l-a -pel"ffll"mal'lee-b61'l d -g tlal"al'l teeiflg - tfle-a... a Htib H+ty -6f- tfle-El ~p6!laI-5 ite tfll"6t1g n6t1 t-tfle-tel"m -6f-tfle-A gl"eemel'l to- 4. Information Schedule J, Pg. 7, IV. Attachments. Delete reference to "performance bond". I .. I I I I I I BIDDER'S SOLICITATION SOLID WASTE HAUL AND DISPOSAL SERVICES ~ AGREEMENT DOCUMENTS I I I I I I TOWN OF SOUTHOLD STATE OF NEW YORK TOWN OF SOUTHOLD Prepared by: Solid Waste Task Force Technical COlllllttee 53095 lIain Road Southold, NY 11971 I -- --- I I I I I I - ~ I - -~ NOTICE TO BIDDERS Solid Waste Haul-Disposal Services The Town of Southold will receive sealed bids For solid waste haul-disposal services until the time and at the location herein speciFied which will then be opened and publicly read aloud; PLACE: OFFice of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 (516) 765-1800 DATE: Thursday, May 26, 199~ TIME: 1:00 P.M. EDST (LATE BIDS WILL NOT BE OPENED) The oFFer to be made in accordance with Solicitation shall include a bid on the following: this Bid A bid price per ton, to provide equipment and labor For hauling solid waste and dispostn~. solid waste at the Contractor's Solid Waste Disposal Site. The term of this Agreement shall be three (3) years commencing on July 10, 199~. IF the Town enters into an intermunicipal solid waste haul/disposal Agreement, the Town may terminate the Agreement at any time during Agreement years two (2) and three (3) by giving six (6) months written notice to the Contractor. The Town, at its sole discretion, shall have the option of renewing the Agreement for two additional one year terms by giving Contractor written notice of its intention to renew at least thirty (30) days prior to the expiration of the term. Bids must be made in writing on the Forms Furnished and shall be accompanied by a Bid Guaranty in the Form of certiFied check, money order, bank draft or standard Form letter of credit made payable to Town of Southold, or bid bond, in the sum of one hundred thousand dollars ($100,000.00) wherein the named obligee shall be the Town of Southold. The successFul Bidder shall be PerFormance Bond, and insurance in instructions in the Bid Solicitation. required to accordance Furnish a with the I . I I I I I I ..... I I I I I I ~ ---..or I I The bid price shall not include any tax, federal, state, or local, from which the Town of 50uthold is exempt. A Bidder days after the any time prior may not withdraw his opening of the bids, to the scheduled time bid within forty-five (~5) but may withdraw his Bid at for the opening of bids. The Town reserves the right to reject any waive informalities, should this action be in of the Town of 50uthold. or all bids and to the best interest Bid 501icitation containing submission requirements, instructions, technical specifications, and bidding forms may be examined free of charge and at the following location on weekdays from 8:00 A.M. to ~:OO P.M.: Office of the Town Clerk 50uthold Town Hall 53095 Main Road 50uthold, New York 11971 Upon payment of non-refundable fifty dollars ($50.00) Bid 501icitation may be picked up at: Office of the Town 50uthold Town Hall 53095 Main Road 50uthold, New York Clerk 11971 Bidders will be allowed 501icitation during a pre-bid Thursday, May tf, 199~ at: 50uthold Town Hall 53095 Main Road 50uthold, New York to ask questions regarding the Bid conference to be held at 9:00 A.M., 11971 All bidders are Transfer 5tation prior so may be scheduled by encouraged to inspect to the bid conference. calling James Bunchuck the 50uthold Town Appointments to do at (516) 73~-7685. Judith T. Terry Town Clerk For further information regarding bidding requirements, contact Judith T. Terry (516) 765-1800. For information regarding Town of 5outhold waste program and haul-disposal operations, contact James Bunchuck (516) 73~-7685. I . I I I I I I I f I I - -~ TABLE OF CONTENTS GLOSSARY OF TERMS SECTION A - SUBMISSION REQUIREMENTS 1.0 2.0 3.0 '1.0 5.0 6.0 7.0 8.0 9.0 10.0 11.0 12.0 13 .0 1'1.0 15.0 16.0 17.0 18.0 19.0 20.0 21.0 PrOject Purpose Schedule Examination of Agreement Docume~ts Information to be Submitted '1.1 Contractuai Bid '1.2 Suppiementai Information Bid Format 5.1 Binding 5.2 Form Preparation Submission of Bid 6.1 Withdrawai of Bids 6.2 Questions & Addenda Bid Guarantbl Execution of Agreement Consideration of Bids Seiection of Contractor Acceptance of Bid Assignment Limitation of Funds Available Insurance and Bonds 1'1.1 Insurance 1'1.2 Bonds Indemnitbl CHold Harmless) Pablments DefaL'Jl't Term'of Agreement Service Agreement Subcontracts Rights and Options SECTION B - BID SPECIFICATIONS 1.0 2.0 3.0 '1.0 5.0 6.0 Requirements Program Goals and Objectives Potential Regulatorbl and Operational Changes Character of the Solid Waste '1.1 Qualitbl and Characteristics Program Activities 5.1 Collection 5.2 LoadIng Mode 5.3 Town of Southold Accident and Damage Policbl NYSDEC Part 360 Permit to Operate Services Work Included Equipment Weighings 5.'1 Haul 6.1 6.2 6.3 J- 3 A- A- 1 A- I A- 2 A- 3 A- 3 A- 'I A- 5 A- 5 A- 5 A- 6 A- 6 A- 6 A- 7 A- 7 A- 8 A- 8 A- 9 A- 9 A- 9 A- 9 A- 9 A-ll A-ll A-12 A-12 A-12 A-13 A-13 A-I'l B- I B- I B- 2 B- 2 B- 2 B- 3 B- 3 B- 3 B- 'I B- 'I B- 5 B- 5 B- 5 B- 5 B- 6 I . I I I I I I I ~ I I I I ..... --..or 6.~ Routing Mode - Contractor's Responsibilit~ 7.0 Disposal Services Program Activities 7.1 Work Included 7.2 Operational Capacit~ 7.3 Permit Requirements 7.3.1 Disposal Sites Inside State of New York 7.3.2 Disposal Sites Outside State of New York B- 7 B- 7 B- 7 B- 7 B- 8 B- 9 B- 9 B-12 B-12 B-13 B-1~ 7.~ Weighings 8.0 SaFet~ and Health Regulations 9.0 Operations and Procedures 9.1 Supporting Data SECTION C - TOWN OF SOUTHOLD SOLID WASTE HAUL/DISPOSAL SERVICES C- 1 1.0 Intent 2.0 General Bid Statement 3.0 Unit Price Bid Schedule 3.1 Compensation 3.2 Evaluation Unit Bid Price Formula ~.O Bid Securit~ Acknowledgment 5.0 InFormation Schedules C- 1 C- 1 C- 6 C- 6 C- 7 C- 8 C- 8 InFormation Schedule A InFormation Schedule B InFormation Schedule C InFormation Schedule 0 InFormation Schedule E InFormation Schedule F InFormation Schedule G InFormation Schedule H InFormation Schedule I InFormation Schedule J InFormation Schedule K InFormation Schedule L InFormation Schedule M SECTION D - APPENDICES Appendix A Sample Operating Agreement Appendix B New York State Department of Environmental Conservation Permit Appendix C Accident Report Appendix 0 Town of Southold SWMP (Executive Summar~) Appendix E Town of Southold Solid Waste ProFile Appendix F Chapter ~8 of the Code of the Town of Southold I . I I I I I I I f I I I I . ... .... -...or GLOSSARY OF TERMS ADMINISTRATOR - Shall mean the Coordinator of construction and demolition debris (or his agent) of the Town of Southold, New York. AGREEMENT - Shall mean a Form operating agreement set Forth by the Town and resulting From this Bid Solicitation between the Town of Southold and the successFul Bidder to be executed in 188~. AGREEMENT DOCUMENTS Shall include the notice to bidders, instructions, bid solicitation, bid Forms, inFormation sCheduies, proposal, payment bond, bid bond, Agreement, perFormance bond, certiFicates of insurance, glossary of terms any general condItions or special conditions, and any addenda. the Agreement Documents will Form a part of the Agreement. AGREEMENT YEAR - Shall mean the period From July 10, of a calendar year to July 8, of the next calendar year. BIDDER - Shall mean any party or parties submitting in proper Form a bid to perForm the work as speciFied in the Agreement Documents. The successFul Bidder selected by the Town to perForm the speciFied work will thereafter be known as the Contractor.l BID PRICE - Shall mean the unit cost to determine the ranking of bidders. BID SOLICITATION - Shall mean this document, specifications, and any bid addenda issued. COMMENCEMENT DATE - Shali mean July 10, 188~. CONSTRUCTION MATERIALS AND/OR DEMOLITION DEBRIS (C&D) - Shall mean solid waste resulting From the construction, renovation, equipping, remodeling, repair and demolition of structures and roads. Such waste includes, but is not limited to, bricks, concrete and other masonry materials, soil, rock, wood, wall coverings, plaster, drywall, non-asbestos insulation and rooFing shingles. CONSTRUCTION MATERIALS AND/OR DEMOLITION DEBRIS (C&O) DISPOSAL SITES - Shall mean any site designated by the Contractor ,"here construction and demolition debris is disposed of in a manner that minimizes environmental hazards and is permitted under the design and operation requirements of 6NYCRR Part 360 or alternatively outside the State of New York, is permitted under design and operation requirements meeting the requirements of 1) that jurisdiction's applicable regulatory agency and 2) Town of Southold's minimum standards. GLOSSARY - 1 I . I I I I I I I {' I I I I ~ -- CONTRACT DOCUMENTS - Shall have the same meaning as Agreement Documents. CONTRACT YEAR - Shall have the same meaning as Agreement Year. CONTRACTOR work, or successors - Shall mean the party contracting to perform the heirs, executors, administrators, agents, thereof. the or COORDINATOR - Shall mean the coordinator of construction and demolition debris for the Town of Southold. COUNTY - Shall mean Suffolk County, State of New York. DAILY - Sunday to Saturday, inclusive. EPA - Environmental Protection Agency (Federal). HAUL-DISPOSAL SERVICES UNIT PRICE - Shall mean the Contractor's compensation in dollars for each ton of construction and demolition debris actually hauled from the Town of Southold Transfer Station to the Contractor-Designated Disposal Site and disposed of at the Contractor-Designated Disposal Site. HAZARDOUS WASTE - Shall mean (1) any "hazardous waste" as defined under the Resource Conservation and Recovery Act, ~2 U.S.C. Section 6901 et sea., or "hazardous substance" as defined under the comprehensive Environmental Response, Compensation, and Liability Act, ~2 U.S.C. Section 9601 et sea., or "hazardous waste" as defined under New York Environmental Conservation Law Section 27-0901 et sea., as each such law may be amended from time to time, and the regulations promulgated thereunder, and any analogous or succeeding federal, state or local law, rule or regulation and any regulations promulgated thereunder and (2) any other material which any governmental agency or unit having appropriate jurisdiction shall determine from time to time cannot be processed at the Facility because it is harmful, toxic or dangerous. NOTICE OF AWARD - Shall mean written notice Southold to the successful Bidder that the intends to award an Agreement to the successful compliance with all their terms and conditions Documents. from the Town of Town of Southold Bidder subject to of the Agreement NYSDEC - New York State Department of Environmental Conservation. OSHA - Federal Williams-Steiger Occupations Safety & Health Act of 1970, plus subsequent revisions. GLOSSARY - 2 I . I I I I I I I ~ I I I I I --.... OWNER - Shall mean the Town of Southold, New York. reFerred to as the Town. Also may be PERMIT - Shall mean any and all permits, licenses, approvals, certiFicates of public convenience and necessity, Franchises or authorizations which must be issued by any Governmental Body having Jurisdiction thereoF to legally enable the Contractor to transport and/or dispose of construction and demolition debris. PERMITTEE - Shall mean any person issued a valid permit to haul construction and demolition debris or to construct, establish, maintain or operate a construction and demolition debris Disposal Site. RCRA Resource Conservation Recovery Act (Federal). SOLID WASTE - Shall mean all putrescible and non-putrescible materials or substances, including but not limited to garbage, reFuse, rubbish, ashes, agricultural wastes, and oFFal. (Solid Waste does not include C&D waste, recyclables, hazardous, or inFectious waste). SOLID WASTE DISPOSAL SITECs) - Shall mean any site designated by the Contractor where solid waste is disposed of in a manner that minimizes environmental hazards and is permitted under the design and operation requirements of 6NYCRR Part 360 - Solid Waste Management Facilities, or alternatively outside of the State of New York, is permitted under design and operation requirements meeting the requirements of 1) that Jurisdiction's applicable regulatory agency and 2) Town of Southold's minimum standards. Also may be reFerred to as Disposal Site(s). SUBCONTRACTOR - Shall mean having a direct contract equipment, materials and/or an individual, Firm or corporation with the Contractor For services, labor. GLOSSARY - 3 . . . . . . . . . .e . . . I --- SECTION A SUBMISSION REQUIREMENTS BIDDERS INFORMATION, INSTRUCTIONS AND AWARD BASIS 1.0 PROJECT PURPOSE The Town of Southold expects that it will receive and need to dIspose of approxImately 12,000 tons of solid waste during the agreement year. It is possible that the Town of Southold will contract with another town to receive and dispose of their solid wastes. If this happens the quantity of wastes to be hauled and disposed of under this Agreement will increase by 10-lS%. This Bid Solicitation will ensure Town of Southold's solid waste will continue to be 1) hauled from the Town of Southold Transfer Station to Disposal Site(s) and 2) disposed of at permitted Disposal Site(s). 2.0 SCHEDULE The schedule below is an estimate of the time period leading up to the commencement of the Agreement. Its intent is to provide each Bidder with an idea of when certain events mau occur. The dates given are guidelines and should not be construed as firm dates or deadlines due to the multiple parties ~~volved in the decision making process. EVENT DATE By Appointment May 12, 188'1 May 26, 188'1 May 31, 188'1 June 1'1, 188'1 On or Before June 30, 188'1 July 10, 188'1 Transfer Station Visits Pre-Bid Conference Bid Opening Town Board Reviews Town Board Approval Agreement Executed Operations Commencement A-I I . I I I I I I I ~ I I I I I I ~ I I 3.0 EXAMINATION Of AGREEMENT DOCUMENTS, fAMILIARITY WITH THE WORK It is the responsibility of each Bidder beFore submitting a Bid to (a) examine the Sample Operating Agreement and Agreement Documents thoroughly; (b) visit the site of the Town of Southold TransFer Station; (c) attend and be Familiar with the outcome of the pre-bid conFerence; (d) become Familiar with conditIons at the Town of Southold TransFer Station and Disposal Sites that may aFFect cost, progress, perFormance or Furnishing of the work; (e) become Familiar with and consider all Federal, state and local laws, regulations ordinances, permits, approvals and orders that may eFFect the cost, progress, perFormance or Furnishing of the work; (F) study and careFully correlate the Bidder's observations with the Agreement Documents; and (g) notiFy the Town Clerk of all conFlicts, errors or discrepancies in the Agreement Documents. contain part of ReFerence supplemental the Agreement is made to the Following Appendices which inFormation which is attached to and made Documents: Appendix A: Sample Operating Agreement Appendix B: NYSDEC Part 360 Operating Permit Appendix C: Town of Southold Accident Report Reference is made to the Following Appendices which contain supplemental information which is attached to the Agreement Documents solely for the convenience of Bidders: Appendix D: Solid Waste Management Plan Summary Appendix E: Solid Waste Profile Appendix f: Southold Town Code Chapter ~8 Reference is made to the available For review by Bidders at normal business hours; 8:00 A.M. friday. Following inFormation which is the Town Clerk's OfFice during to ~:OO P.M. Monday through i. Pending drawings of the proposed Town of Southold Transfer Station. ii. Town of Southold Solid Waste Management Plan. This information is presented solely for the convenience of the Bidders and does not constitute part of the Agreement Documents. Bidders shall form their own conclusions A-2 I . I I I I I I I I- I I I I I I ~ I I and opinions from this information and shall confirm any information contained therein regarding facilities and equipment through site visits. The Town does not guarantee the accuracy of any information contained in these documents. Before submitting a Bid, each Bidder shall, at the Bidder's own expense, make or obtain any additional inspections, examinations, or studies and obtain any additional data and information which may affect cost, progress, performance or furnishing of the work and which Bidder deems necessary to determine its bid for performing and furnishing the work in accordance with the time, price and other terms and conditions of the Agreement Documents. The failure or ommission of the Bidder to receive and examine any form, instrument or document, or make required inquiries and inspections, shall not relieve the Bidder from any obligation contained in the Agreement Documents. The Town will be Justified in rejecting any claim based on facts or conditions of which the Contractor should have been cognizant, The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Bid Solicitation, that without exception the Bid is premised upon performing and furnishing the work required by the Agreement Documents, and that the Agreement Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performing and furnishing the work. Bidders will be allowed to ask questions regarding the Bid Documents during the pre-bid conference to be held at: Y.O Town Hall 53085 Main Road Southold, New York 11971 May 12, 199Y at 9:00 A.M. INFORMATION TO BE SUBMITTED WITH PROPOSAL Y,l Contractual Bid For the purpose of assisting the Town in determining the responsible Bidders for this Bid Solicitation, the Bidder is required to submit the following minimum information with his bid: i . ii. i i i . iv. Contractor Bid Form Bid Security or Bid Bond Information Schedules A through M as applicable Supplemental Information as described in Y.2 A-3 I . I I I I I I I .- I I I I I I .. I I '1.2 Supplemental Information In addition to the aforementioned forms, the Bidder is required to submit the following supplemental information with his bid: i. Operational Plan: A assessment of the section shall be subsections: plan describing the Bidder's requested operation. This divided into the following o Haul A detailed summary of requirements for manpower, materials and supplies, mobile equipment, etc., shall be included to provide the Town with general anticipated guidelines for performance under the Agreement. o Disposal A detailed summary of requirements of site capacity, useful life, hours and days of the week, operation, etc., shall be included to provide the Town with general anticipated guidelines for performance under the Agreement. A copy of the current Permits to Construct and Permits to Operate shall be included. If the Solid Waste Disposal Site is located outside the State of New York, a copy of the current applicable laws and regulations governing the design, construction and operation of the Disposal Site shall additionally be included. ii. Litigation: A section briefly current litigation which in affect the Bidder's operational useful life of the Solid Sites. describing any any way may capab il i ty of Waste Disposal iii. Subcontractors: If the Bidder intends to use one or more subcontractors to compiete any portion of the work, the Bidder must so indicate this intent in its Bid. The Bidder is advised that any Agreement awarded will be contingent upon the use of the subcontractorCs) so identified. In the event that the Bidder desires to change the number or identity of such subcontractorCs), the proposed change must be submitted to the Town for approval. No such change shall be made without the Town's approval. A-'1 I . I I I I I I I ~ I I I I I I ~ I I In addition, it is the policy of the Town of Southold to encourage the partIcipation of Minority Business Enterprises CMBE's) and Women-Owned Business Enterprises CWBE's) on Town projects. For this reason, the Agreement will require Contractor to use its best efforts to include among its subcontractors MBE and WBE firms. In the event the successful Bidder intends to subcontract in excess of twenty-five percent C25%) of the work, the Bidder will be required to submit to the Town an MBE/WBE Utilization Plan acceptable to the Town prior to the Town's execution of the Agreement. iv. Disposal Site Subcontractor: In the event the Bidder does not own the Disposal Site identified in its Bid, the Bidder shall furnish a statement, signed by an authorized representative of the Disposal Site, which provides for Bidder's use of the site pursuant to this Bid Solicitation in accordance with the Agreement Documents. THE SUPPLEMENTAL INFORMATION REQUIREMENTS MAY BE SATISFIED BY INCLUDING A REFERENCE TO AN INFORMATION SCHEDULE CA-L) IF THE SCHEDULE PROVIDES THE INFORMATION REQUESTED AND IS INCLUDED IN THE BID. 5.0 BID FORMAT 5.1 Binding The documentCs) if bound shall be in a manner that will provide for easy evaluation access Cto lie flat when opened). Printing on both sides of the sheets, provided a quality paper is utilized that will prevent the type from showing through, is acceptabie. Paper with substantial recycled content is preferred. 5.2 Form Preparation Bids shall be submitted in the form described in this Bid Solicitation. All blank spaces for bid prices shall be properly filled in, in ink or typed, in both words and numerals for all bid categories required. In the event a price shown in words and its equivalent shown in figures do not agree, the written words shall be binding on the Bidder. BIDS SHALL NOT BE QUALIFIED, MODIFIED, LIMITED OR RESTRICTED IN ANY WAY. In the event a specification is not applicable, it shall be so indicated. Incomplete bids will not be considered. A-5 I . I I I I I I I ~ I I I I I I ~ I I 6.0 SUBMISSION OF BID Each Bidder shaii submit six (6) separate complete sets of his Bid which shall be enclosed in a sealed opaque envelope plainl~ marked on the outside with the title of the work and the name and address of the Bidder. No Bid will be considered unless Filed on or beFore the time and at the place designated in the Notice to Bidders. Bids received aFter the time set For the opening will be returned to Bidders unopened. When sent b~ mail, preFerably registered, the sealed Bid, marked as above, should be enclosed in an additional envelope similarly marked and addressed to: OFFice of the Town Clerk Town of Southold 53095 Main Road Southold, New York 11971 Bids received securely unopened. considered. prior to the time of opening will be kept No bid received thereaFter will be 6.1 Withdrawal of Bids Any Bidder will be given permission to withdraw its Bid upon receipt of a properly notarized written request made no later than the time set For opening. At the time of opening of the bids, iF such Bid is included, it will be returned to the Bidder unopened. No bid may be withdrawn aFter opening until execution of the Agreement or rejection of all bids as provided herein. 6.2 Questions & Addenda All questions about this Bid Solicitation must be submitted in writing to the Following: Town Clerk Town of Southold 53095 Main Road Southold, New York 11971 No alterations to this Bid Solicitation will be considered valid unless in writing and issued as Addenda. All such addenda shall become part of the documents and all Bidders shall be bound by such addenda, whether or not received by the Bidders. All questions must be received at least ten (10) calendar days beFore bid opening in order to be answered. It shall be the Bidder's responsibilit~ to make inquiries concerning any addenda issued. All addenda will be on File at the Town Clerk's oFFice at least twenty-Four (2~) hours beFore bids are opened. The Town will not be bound by oral clariFications. A-6 I . I I I I I I I ~ I I I I .... - ---- 7.0 BID GUARANTY Each Bid must be accompanied by a bid guaranty (Section C, Schedule 5.0.K), without condition or qualification, which shall be in the sum of one hundred thousand dollars ($100,000.00). The guaranty may be certified check, bank draft, money order, standard form Irrevocable letter of credit, or a bId bond in the form attached. The bid bond shall be secured from a surety company authorized to do business in the State of New York as a surety. No Bid will be considered unless it is accompanied by the required guaranty. Certified check, money order or bank draft must be made payable to the order of the Town of Southold. The bid bond shall name the Town as the obligee. Cash deposits will not be accepted. The bid guaranty shall ensure the execution of the Agreement and the furnishing of the surety bond or other required bonds by the successful Bidder, all as required by the Agreement Documents. All guaranties will after the execution of the insurance and other Agreement successful Bidder. be returned within ten (10) days Agreement and required bonds, Documents are received from the 8.0 EXECUTION OF AGREEMENT, FURNISHING OF BONDS The successful Bidder, or its legally representative, shall be required to appear in person (10) days of the Notice of Award by the Town at the time designated by the Town to execute the Agreement Agreement Documents for Haul/disposal services. authorized within ten place and and other The successful expense, procure, execute documents within ten (10) Town. Bidder shall, at its own cost and and deliver to the Town the following days of formal Notice of Award by the Performance Bond - A Performance Bond shall be in an amount of one million dollars C$I,OOO,OOO.OO). This bond Cas shown by example in Section C, Schedule 5.0.L), shall be maintained at the Contractor's own expense for the term of the Agreement. Failure or refusal of the successful Bidder to execute and/or deliver such bond within the time designated, shall constitute a breach of such Bidder of the Agreement created by the Town's acceptance of the bid. In such event, the Town may determine that such Bidder has abandoned the Agreement and the Town shall be entitled to take action for any and all damages it may suffer as the result of such breach. The Town's rights in this regard shall include but not be limited to A-7 , . , , , , I , , ,- , I I . - -- a claim against the reserves any and all result of his failure bid bond provided. The Town specifically other rights against the Contractor as a to perform as required by these documents. 8.0 CONSIDERATION OF BIDS or all deemed The Town of Southold reserves the right to bids for haul and disposal services if such to be in the best interests of the Town. reject any action is To be considered responsive to this Bid Solicitation, each Bidder shall: A. Provide equipment, labor, mai ntenance and management services to haul and dispose of solid waste from the Town of Southold Transfer Station to Contractor designated Solid Waste Disposal Site(s) as set forth in Section B Bid Specifications. B. Reserve and provide a minimum available of 15,000 tons (52 weeks/year) yearly, for seasonal and other peak periods. capacity allowing C. Provide evidence of all current valid state and federal permits, licenses, local ordinances, etc., required by law to receive solid waste at the designated Disposal Site(s). D. Provide evidence of capability to perform bid specifications. physical and financial services described in the 10.0 SELECTION OF CONTRACTOR Bids will be evaluated only if accompanied by the approved form of bid guaranty. Only bids solicited from firms or combinations thereof, who have sufficient management, engineering capabilities, operating, and maintenance experience to fulfill the Town's goals and comply with the applicable local, state, federal laws, ordinances, regulations, e.g. New York State Department of Environmental Conservation, Resource Conservation Recovery Act and Federal Environmental Protection Agency guidelines will be accepted. The Town will review the bids and make a selection recommendation based on the evaluation criteria included in this Bid Solicitation or take such other action as it deems in its best interest. Any agreement awarded ~ereunder will be to the responsible Bidder whose Evaluation Unit Bid Price is the lowest. The Town of Southold reserves the right, in its sole discretion, to reject all bids submitted in response to this Bid Solicitation. A-B I . I I I I I I I f I I I . ... ~ 11.0 ACCEPTANCE OF BID The acceptance of a Bid wiii be a Notice of Award signed by a duly authorized representative of the Town, and no other act of the Town shall constitute the acceptance of a Bid. The acceptance of a Bid shall bind the successful Bidder to execute the Agreement and other Agreement Documents. 12.0 ASSIGNMENT The successful Bidder to whom any Agreement shali be let, granted, or awarded shall not assign, transfer, convey, sublet, or otherwise dispose of the Agreement or of his right, title, or interest therein or his power to execute such Agreement, to any person or corporation without the prior written consent of the Town. 13.0 LIMITATION OF FUNDS AVAILABLE The Contractor specifically agrees that any Agreement shall be deemed executory only to the extent of the funds appropriated for the purpose of the Agreement and that no liability shall be incurred by the Town beyond the funds appropriated on the date of execution of the Agreement by the Town for the said purpose. 1~.0 INSURANCE AND BONDS 1~.1 Insurance For the period from Agreement commencement date until one (1) year after Agreement termination date, Contractor must maintain insurance acceptable to the Town in the kinds and amounts set forth below. All such insurance coverage shall be provided by companies licensed to do business in New York State and the state in which the Disposal SiteCs) is Care) located. The Town of Southold and its agent shali be named as an additional insured and coverage shall not be changed or cancelled until thirty (30) days written notice has been given to the Town. Within ten CI0) days of the Notice of Award, Contractor shall furnish to the Town, certificates of insurance, in a form satisfactory to the Town Attorney, evidencing such insurance. The kinds and amounts of insurance are as follows: A. Contractor's Insurance - Insurance for liability for damage imposed by law of kinds and in the amounts hereinafter provided covering all work under the Agreement, whether performed by Contractor or his subcontractors. The kinds and amounts of insurance are as follows: A-9 I . I I I I I I I {' I I I (2) . = - --- (1) Worker's Compensation Insurance - A Policy covering the operations of the Contractor in accordance with the provisions of Chapter ~l of the Laws of 191~ as amended, known as the Worker's Compensation Law, covering all operations of the Contractor, whether performed by him or by his subcontractors. The Agreement shall be void and of no effect unless the person or corporation making or executing same shall secure compensation coverage for the benefit of, and keep insured during the life of said Agreement such employees in compliance with provisions of the Worker's Compensation Law. General Liabilitu (Comprehensive Form) Insurance - Contractor's liability insurance issued to and covering legal liability of the Contractor with respect to all work performed by him under the Agreement. The Following insurance coverage shall be included: (a) Independent Contractor's Liabilitu - Covering work subcontractors. Protective performed by (b) Completed Liabilitu. Operations or Product (c) Contractual Liabilitu. (d) Broad Form Propertu DamaQe. (e) Personal Inluru. NOTE: If any of the rating classifications embody property damage exclusions [or U, coverage for eliminating such exclusions must be provided. Coverage for the above will be required in not less than the following amounts: SINGLE LIMITS OF LIABILITY: $1,000,000.00 AGGREGATE LIMITS OF LIABILITY: $10,000,000.00 A-10 I . I I I I I I I f I ,... (31 Automobile Liabllitu Insurance - Policy shall include coverage For all owned as well as non-owned and hired vehicles, and limits shall not be less than the Following amounts: BODILY INJURY LIABILITY Aggregate: $3,000,000.00 Each Person Each Occurrence $1,000,000.00 PROPERTY DAMAGE LIABILITY Aggregate: $3,000,000.00 Each Occurrence $1,000,000.00 1~.2 Bonds Prior to the execution of the Agreement, the successFul Bidder shall Furnish to the Town a PerFormance Bond wherein the named obligee is the Town of Southold. The PerFormance Bond's purpose is to secure the FaithFul perFormance of the Agreement. The bond amount shall be set Forth in Section A-S.O. The bond shall be executed by a surety company approved by the Town authorized to do business in the State of New York and with an oFFice or representative in SuFFolk County, New York. The Form shall be acceptable to the Town of Southold and shall have a term through the completion of services. As an alternative to the PerFormance Bond, the successFul Bidder may Furnish a certiFied check, bank draFt, money order, or a standard Form irrevocable letter of credit. CertiFied check, bank draFt or money order must be made payable to the order of the Town of Southold. The standard Form irrevocable letter of credit shall be in a Form acceptable to the Town of Southold. In the From any of its Town of Southold event the Contractor subcontractors, said as a dual obligee. secures a PerFormance Bond bond shall also name the Should the Town designate another public or private agent or contract administrator, the same or others shall be added as additional named obligee at no added costs to the Town, upon written request From the Town. 15.0 INDEMNiTY (HOLD HARMLESS) Contractor shall agree to deFend, indemniFy and save harmless the Town against any and all liability, loss, damage, detriment, suit, claim, demand, cost, charge, attorney's Fees and expenses of whatever kind or nature which the Town may directly or indirectly incur, suFFer or be required to pay by reason of or in consequence of the carrying out of or the perFormance of the terms of such Agreement, or the Failure to carry out any of the provisions, duties, services or requirements of such Agreement, A-II I . I I I I I I I ~ . - .... ~ whether such losses and damages are suFFered or sustained by the Town directly or its employees, licensees, agents, engineers, citizens or by other persons or corporations, including any of the Contractor's employees and agents who may seek to hold the Town liable thereFor. This indemnity shall include any and all claims, penalties or other losses or damages incurred by the Town as a result of enForcement or other proceedings by Federai, state or local government agencies relating to Contractor's Disposal Site(s) operation. This obligation shall be ongoing, survive the term of the Agreement and include, but not be limited to, claims concerning non-sudden environmental impairments. action or proceeding threatened hereunder, necessary, The Bidder agrees to Join in the commencement of any proceeding or in the deFense of any action or which in the opinion of the Town constitutes actual or interference or interruption with the Town's rights including all necessary appeals which may be in the opinion of the Town. 16.0 PAYMENTS Contractor shall receive monthly payments For services perFormed during the prior calendar month upon submission of an invoice (with a Town voucher) that shall contain an itemized list of municipal solid waste haul trips from the Town of Southold Transfer Station including the tonnage of municipal solid waste and the manifest number for each load of municipal solid waste removed. Such payments shall be made within sixty (60) days of the Town's approval of Contractor's invoice. Contractor's monthly invoice shall include a daily summary of tonnage received by Contractor at the Transfer Station. The Town shall be entitled to deduct from any payment owing to Contractor any sums expended by the Town to cure any default or other non-compliance by Contractor. 17.0 DEFAULT In the event the Contractor Fails to perForm its obligations under the Agreement, the Town may terminate such Agreement, and the Town may procure the services From other sources and hold ~he Contractor responsible For any excess costs incurred and deduct From payments owing to the Contractor and/or draw upon the PerFormance Bond as Full or partial reimbursement For such excess costs. The Town reserves the right to terminate the Agreement For Just cause. 18.0 TERM OF AGREEMENT The term of this Agreement shall be three (3) years commencing on July 10, 199~. IF the Town enters into an intermunicipal solid waste haul/disposal agreement the Town may A-12 I . I I I I I I I f I . . -- terminate the Agreement at any time during Agreement years two (2) and three (3) by giving six (6) months written notice to the Contractor. The Town, at its sole discretion, shall have the option of renewing the Agreement for two (2) additional one (1) year terms by giving Contractor written notice of its intention to renew at least thirty (30) days prior to the expiration of the term. 18.0 SERVICE AGREEMENT The Contractor shall be obligated to provide the Town with disposal services without regard to the permit status of its Disposal Site. In the event that Bidder wishes to submit a bid for a Disposal Site for which Bidder does not currently have all necessary federal and state permits, Bidder shall, at its sole risk and expense, be responsible for obtaining and/or renewing its permits or providing to the Town an alternate Solid Waste Disposal Site at no additional cost (disposal plus any additional hauling) to the Town. This is a full service Agreement and failure of the successful Bidder to provide the identified Disposal Site or acceptable alternative Disposal Site, on or after the commencement date for services under the Agreement Documents awarded hereunder shall constitute a breach of this Agreement. The Bidder accordingly shall not be excused from it obligations hereunder by reason of any failure to obtain or maintain its permits at the identified Disposal Site. 20.0 SUBCONTRACTS In the event Bidder does not own the Disposal Site identified in its bid prior to execution of the Agreement, Bidder shall: (1) furnish to the Town a copy of the signed Agreement between Bidder and the Disposal Site which provides for Bidder's use of pursuant to this Bid Solicitation in with the Agreement Documents; Contractor the site accordance -rA~lt ~(2) Dl-\-t require the Disposal Site Contractor to furnish to Contractor and the Town a performance bond guaranteeing the availability of the Disposal Site throughout the term of the Agreement; (3) require the Contractor to provide insurance certificates naming the Town as additional insureds on all policies maintained by Contractor. A-13 I . I I I I I I I ~ I . ..... .... 7.3 receiving soiid waste from the Town of Southold, inciuding weekends, holidays and special closure periods. Permit Requirements Throughout the term of Agreement that may result from this Bid Solicitation, the Contractor must maintain all current and valid local, state and federal permits, licenses, or other authorizations, (either temporary and permanent) which are required by law to receive solid waste at any and all Disposal Sites designated by the bidder. Because of the varying terms of Solid Waste Disposal Site permits, it is possible that a permit will expire during the term of Agreement. The responsibility of obtaining and/or renewing a permit to operate is solely upon the Contractor. In the event a Contractor fails to maintain or obtain any necessary current and valid local, state and federal permits, licenses, or other authorizations, allowing the lawful use of its designated Disposal Site then the Contractor will be solely responsible for obtaining the utilization of an alternate Solid Waste Disposal Site at no additional cost to the Town including any additional hauling cost because of the location of the alternate Disposal Site. Under no circumstances shall such a change in Disposal Site or failure or inability to obtain permits by the Contractor be considered a change in conditions. In the event the Contractor is unable to find an alternate Disposal Site, it shall be deemed to be in default of the Agreement and liable for damages, bonds forfeitures and other expenses as provided in the Agreement. In the event the individual and/or entity submitting a bid in response to this bid solicitation is not the individual and/or entity named as the permit holder on any necessary current and valid local, state or federal permits, licenses or other authorizations, required by law to receive solid waste at any disposal site designated by the bidder or any alternate disposal site, the bidder is required to provide satisfactory evidence to the Town of Southold of a binding contractual relationship between the bidder and the permit holder which provides the bidder with the irrevocable right to utilize the solid waste disposal site during the term of Agreement, or portion thereof, in a manner which is in complete compliance with this bid solicitation and the B-B I . I I I I I I I f I I I I I - - --- 21.0 its Bid RIGHTS AND OPTIONS The Town of Southold, New York, reserves and holds at discretion the following rights and options upon issuing this Solicitation: 1. To award an Agreement to the candidate whose bid is judged to be the lowest responsible bid pursuant to Section 103 of the General Municipal Law of the State of New York. 2. To reject any and/or all bids. 3. To issue subsequent bid solicitations. ~. To issue additional and subsequent solicitations for statements of qualifications, and conduct investigations or interviews with respect to the qualifications of each Bidder. 5. To designate another public body, private or public agency, group, or authority to act in its behalf for evaluation and Agreement negotiations. 6. To designate another public body, private or public agency, group, or authority to act in its behalf for contract administration of this project at any time during the Agreement period. A-1~ I . I I I I I I I ~ I I I . ~ -..r 1.0 SECTION B BID SPECIFICATIONS TECHNICAL/MANAGEMENT REQUIREMENTS This request For bids is issued For the Town of Southold, State of New York, Town Hall, 53095 Main Road, Southold, New York, 11971 CTelephone (516) 765-1800) The effort, shall be known as the Town of Southold Solid Waste Haul Disposal Service. The Town of Southold desires to issue an Agreement with a qualified Contractor to haul and dispose of a portion of its Solid Waste. The Town will need to dispose of approximately 12,000 tons solid waste during the agreement years. The Contractor will ensure the Town that solid waste will continue to be; 1) hauled from the Town of Southold's TransFer Station to disposal siteCs), and; 2) disposed at permitted disposal siteCs). The following general services are sought in this request: o HAUL Provide equipment, labor, maintenance, management and policies to operate a transportation system for hauling solid waste from the Town of Southold Transfer Station to Contractor designated disposal siteCs) as set Forth herein. Transportation equipment shall be in accordance with New York State Department of Transportation, Interstate Commerce Commission, United States Department of Transportation, as defined in the Code of Federal Regulations, or other applicable state and federal regulatory requirements. ~, DISPOSAL Reserve capacity and provide equipment, labor, maintenance, management and policies to receive and dispose of solid waste From the Town of Southold Transfer Station as set forth herein. The Contractor's New York State Solid Waste Disposal SiteCs) must be in compliance with all State of New York Department of Environmental Conservation's and U.S. Government's Regulatory requirements, e.g., 6NYCRR Part 360, Resource Conservation Recovery Act B~l I . I I I I I I I f I I I I I I ~ I I 2.0 3.0 ~.O (RCRAi, Environmentsl Protection Agenc~ - Subtitle D, et al. Disposal Sites outside New York State shall be permitted by applicable local, state and federal laws including RCRA and Subtitle D and regulations deemed by the Town to be no less protective of the environment than those outlined in this specification. Disposal alternatives that will be considered include land disposal, incineration, composting, etc., as long as they comply with regulatory requirements and environmental standards. PROGRAM GOALS AND OBJECTIVES The goal of this reliable hauling materials from the minimum cost to the project is the continued safe and and disposal of the solid waste Town of Southold Transfer Station at citizenry. It is also the objective of the ensure that the haul-disposal according to the provisions of subsequent agreements/amendments are Town of Southold to operations proceed this document and upheld. POTENTIAL REGULATORY AND OPERATIONAL CHANGES During the term of the Agreement, there may be of regulatory and operational changes whic~ may the quantities and t~pes of solid waste received Town of Southold Transfer Station and delivered Disposal Site. a number affect at the to the This Agreement will not respect to the volume of disposed of by Contractor. provide waste any guarantees with to be hauled and/or The Town reserves the right to designate another pubiic body, private or public agency, group or authority to act in its behalf for administration of the Agreement at any time during the term of Agreement. CHARACTER OF THE SOLID WASTE The wastes which are to be hauled and disposed of under terms of this bid solicitation are to include typical municipal wastes from a rural community. This will include all waste types generated in private households, and, therefore, can include broken furniture, small appliances, and other wastes generated in a private home or apartment as allowed under 6NYCRR Part 360-1.2(a) regulations and the Garbage, Rubbish and Refuse Law, Chapter ~8 of the Code of the Town of Southold. B-2 I . I I I I I I I ~ I I I I I I Ie I I '1.1 5.0 5.1 Commercial waste ma~ also be included in the soiid waste stream. It ma~ include an~ waste which is t~picall~ disposed of in dumpster or roll-off t~pe container boxes at restaurants, small businesses, light industries, hospitals, office buildings, etc. It should not include an~ wastes covered b~ special waste permits such as pathogenic or hazardous materials, but the Town cannot guarantee that the waste stream does not contain same. Special costs associated with handling non-compliance loads will be compensated under Forced Accounting (Appendix A-g). Qualit~ and Characteristics The Town of Southold's historical solid waste quantities and characterization data are included in the Appendices. Bidders are cautioned that actual quantities ma~ differ significantl~ from these data. Rec~cling programs ma~ affect the quantit~ and characteristics of the waste received at the Town of Southold Transfer Station. If the Contractor discovers an~ non-compliance waste (hazardous, regulated medical or special wastes), the Contractor shall notif~ the Town and dispose of the non- compliance waste in accordance with local, state and federal regulations. Compensation for such waste disposal services shall be provided for under Forced Accounting (Appendix A-g). The Town makes no specific representations in the foregoing disclosure. PROGRAM ACTIVITIES Collection The Town of Southold Transfer Station is open 7 da~s a week, except holida~s, from 7:00 A.M. to 5:00 P.M. The Contractor will be expected to collect and remove solid waste from the Transfer Station during the following hour-so Monda~ through Frida~ 7:00 A.M. to '1:00 P.M. The Transfer Station is closed on the following holida~s: New Year's Da~ Martin Luther King Da~ Lincoln's Birthda~ Presidents Da~ Easter Sunda~ Memorial Da~ Independence Da~ Labor Da~ Columbus Da~ Election Da~ Veterans Da~ 1/2 da~ before Thanksgiving Thanksgiving 1/2 da~ before Christmas Christmas 1/2 da~ befor-e New Year's Da~ B-3 I . I I I I I I I I- I I I I I I .. I I The Contractor must make transfer containers 8v8i18ble for loading on Saturdays and Sundays between 7:00 A.M. and ~:OO P.M.. The Contractor may from time to time be requested to remove solid waste on Saturdays and/or Sundays between the same hours, but would not normally be expected to do so. The Contractor will be expected to provide enough containers to empty the Transfer Station tipping floor on a daily basis. Delivery and staging of an adequate number of containers for this purpose will be coordinated with Transfer Station staff as needed. 5.2 Loading Mode The for empty Contractor shall fully prepare loading, including assuring that containers are left open. transfer containers container covers or Solid Waste will be loaded by the Town at its Transfer Station using a front end wheel loader or backhoe. Contractor-enclosed (tarped) transport equipment weighed after loading to prevent overloading document haul and disposal tonnages. will be and to If required by any local, state or federal regulations or law, the contractor shall line transport equipment with plastic prior to loading. This service shall be at the Contractor's expense and included in the unit price bid. 5.3 Town of Southold Accident and Damage Policy The Contractor shall be required to prepare an Accident Report (See Appendix C) of any accidents and/or damage that occur while performing services under the term of the Agreement. The Town of Southold shall immediately be notified of any major occurrences such as bodily injury or structural damage to the Town's Transfer Station. An Accident Report will be submitted to the Town within twenty-four (2~) hours containing the date, time, location, and complete description of all incidents. The offending party or representative thereof shall also be recorded and required to sign the accident/damage report prior to departing the Town of Southold Transfer Station. All accident and/or damage reports will be included in reports to the Town. B-~ I . I I I I I I I f I I I I I I ~ I I 5.~ 6.0 6.1 NYSDEC Part 360 Permit to Operate The Town of Southold operates the Transfer Station under a New York State Department of Environmental Conservation CNYSDEC) Part 360 Permit to Dperate. A copy of NYSDEC Permit is included as Appendix B. HAUL SERVICES For Solid Waste following haul responsibilities herein. Agreement, the the tasks, as outlined Haul-Disposal Services services will include and perFormance required Work Included The Contractor shall provide the Following major essential services or equipment and any other non- speciFied items, without limitations, to maintain a reliable haul services operation in a manner that will meet the needs of the Town of Southold. c, Management and operation of a fleet to accommodate the transport of solid waste from the Town Transfer Station to Solid Waste Disposal SiteCs) in accordance with all local, state, and federal regulations. ,::> Financial liability and maintenance responsibility of transport equipment, i.e., dump trailers, transFer trailers bulk material containers, vehicles, personnel and services For open-top loading solid waste hauling activities. ,~ Coordination of haul services with disposal services. 6.2 Equipment The Contractor shall provide reliable refuse handling and other essential ancillary equipment, along with personnel to operate and maintain a reliable haul services system in a manner that will satisFy the needs of the Town of Southold. The minimum level of haul services equipment acceptable to the Town to support the haul operation. includes open-top trailers and bulk material containers. The Contractor will supply additional open-top trailers and containers, etc. B~5 I . I I I I I I I ~ I I I I I I ~ I I 5.3 The Contractor must assure the Town that an adequate reserve suppl~ of equipment exists to haul and dispose of the dail~ and seasonal solid waste including unpredictable surges or dela~s due to inclement weather and that transport equipment storage requirements will meet the Town of Southold Transfer Station requirements. Each bidder is therefore responsible for familiarizing itself with the Town of Southold Transfer Station site, solid waste, etc., to assure equipment compatibilit~. Transport equipment ma~ be open-top bulk material containers, dump trailers, roll-off containers or open- top transfer trailers, provided that all such equipment is suitable for convenient loading given existing configurations of the Town of Southold Transfer Station. Transport equipment shall be; 1) Registered with the State of New York Department of Motor Vehicles or equivalent agenc~; 2) designed to preclude spillage of waste; 3) loaded within their design capacit~ and New York State Department of Transportation regulations; ~) well maintained in good working order. Corroded, defective, bent, deformed or punctured trailers, roll-off boxes, or other containers of waste materials shall not be utilized at an~ time. Suitable covers shall be provided and used while transporting solid waste in open-top transport equipment. The bidder shall clearl~ indicate the quantit~ and t~pe of transport equipment/vehicles it plans to use, their availabilit~ date, state of repair, and that such units are compatible with the Town of Southold Transfer Station scales and New York State DOT regulations, United States Department of Transportation, as defined in the Code of Federal Regulations, or equivalent. The Contractor will promptl~ remove from use an~ transport equipment/vehicle that does not conform with these requirements and replace it with an acceptable unit. The Contractor shall maintain its own off-site maintenance shop facilities for servicing the transport equipment and vehicle fleet, unless it elects to subcontract for these services. No major maintenance ma~ be done at the Town of Southold Transfer Station site. Weighings The Town of Southold will provide certified weighing at the Town of Southold Transfer Station. The Contractor will accept these weights for invoicing purposes. All weights will be generated on current certified weigh scales. 6-5 I . I I I I I I I I- I I I I I I - -- 5.'1 7.0 7.1 7.2 Routing Mode - Contractor's Responsibility Contractor will have the right to select the routers) for travel from the Town of Southold Transfer Station to the Disposal Site(s). Contractor warrants and guarantees that, in selecting and utilizing such routers), Contractor will insure that it is not violating any applicable motor vehicle height (overpass clearance), motor vehicle weight restrictions, local ordinances or Interstate Commerce Commission regulations. Contractor will indemnify and hold the Town harmless from any claims, fines and other damages assessed upon or incurred by the Town as a result of any violations of applicable restrictions or regulations relating to the routes traveled by the Contractor. DISPOSAL SERVICES PROGRAM ACTIVITIES For Solid Waste Haul-Disposal Service Agreement, the following disposal services will include the tasks, responsibilities and performance requirements as outlined herein. Work Included The Contractor shall provide the following major essential services or equipment and any other non- specified items, without limitations, to maintain a reliable disposal services operation in a manner that will meet the needs of the Town of Southold. c. Liability insurance, performance and payment bonds. c, Safety equipment. Operational Capacity The bidder shall identify in its proposal, the following informatioJl: o Disposal Site capacity. Flexibility of Disposal Site capacity to allow for seasonal variances in waste generation and sufficient to permit service in the tonnages bid. <.::> ':, Hours and days of the week that the designated Disposal Site will be open for 8-7 . receiving solid waste from Southold, including weekends, special closure periods. the Town of holidays and 7.3 Permit Requirements Throughout the term of Agreement that may result from this Bid Solicitation, the Contractor must maintain all current and valid local, state and federal permits, licenses, or other authorizations, Ceither temporary and permanent) which are required by law to receive solid waste at any and all Disposal Sites designated by the bidder. Because of the varying terms of Solid Waste Disposal Site permits, it is possible that a permit will expire during the term of Agreement. The responsibility of obtaining and/or renewing a permit to operate is solely upon the Contractor. . In the event a Contractor fails to maintain or obtain any necessary current and valid local, state and federal permits, licenses, or other authorizations, allowing the lawful use of its designated Disposal Site then the Contractor will be solely responsible for obtaining the utilization of an alternate Solid Waste Disposal Site at no additional cost tD the TDwn including any additional hauling cost because of the IDcation of the alternate DispDsal Site. Under nD circumstances shall such a change in DispDsal Site Dr failure or inability tD Dbtain permits by the CDntractDr be cDnsidered a change in conditiDns. In the event the ContractDr is unable tD find an alternate Disposal Site, it shall be deemed to be in default of the Agreement and liable fDr damages, bDnds forfeitures and Dther expenses as prDvided in the Agreement. . In the event the individual and/or entity submitting a bid in respDnse tD this bid solicitatiDn is not the individual and/or entity named as the permit holder on any necessary current and valid local, state or federal permits, licenses or other authorizations, required by law to receive solid waste at any disposal site designated by the bidder or any alternate disposal site, the bidder is required to provide satisfactory evidence to the TDwn of Southold of a binding cDntractual relatiDnship between the bidder and the permit hoider which prOvides the bidder with the irrevDcable right to utilize the sDlid waste disposal site during the term Df Agreement, or portiDn thereof, in a manner which is in compiete cDmpliance with this bid sDlicitation and the 8-8 I . I I I I I I I I- I I I I I I ~ I I 7.3.1 7,3.2 bidder's bid submission. The agreement bet~een the bldder and the permit holder shall include provisions that, 1. Provide Town with operational matters whenever necessary. the with right to discuss the permit holder 2. Require the permit holder to comply with directives of the Town which are consistent with and pursuant to the Agreement which shall result from this bid solicitation. Disposal Sites Inside State of New York The Contractor's Solid Waste Disposal Sites, if located within the State of New York, must be in compliance with all State of New York Department of Environmental Conservation's and U.S. Environmental Protection Agency regulatory requirements, e.g., 6NYCRR Part 360, Resource Conservation Recovery Act (RCRA), Environmental Protection Agency - Subtitle D, et al. The Solid Waste Disposal Site must have valid construction and operating permits in accordance with all applicable laws in the jurisdiction in which it is located. It shall be permitted to accept Town of Southold solid waste without violating applicable law. It shall meet the design, construction and operating requirements of all applicable laws in the jurisdiction where the disposal site is operating. Disposal alternatives that will be considered include land disposal, incineration, composting, etc., as long as they comply with all the above governing regulatory requirements and environmental standards. The use of Solid Waste Disposal Sites shall be subject to the approval of the Town of Southold based upon review of information submitted with the bid describing in detail the nature of the disposal process and other information reasonably requested by the Town. No Disposal Site shall be acceptable unless it poses no significant threat to the environment and its design, construction and operation complies with all applicable iaws. Disposal Sites Outside State of New York The Contractor's Solid Waste Disposal Sites, if located outside the State of New York must be in compliance with all the applicable local, state and federal laws and regulations and U.S. Environmental Protection Agency regulatory requirements, e.g. Resource Conservation 6-9 I . I I I I I I I ~ I I I I I I ~ I I Recovery Act (RCRAl, Environmental Protection Agencu Subtitle D, et al. The Solid Waste Disposal Sites must have valid construction and operation permits in accordance with all applicable laws in the jurisdiction in which it is located. It shall be permitted to accept Town of Southold solid waste without violating applicable law. It shall meet the design, construction and operating requirements of all applicable laws in the Jurisdiction where the disposal site is operating. If the Soiid Waste Disposal Site is a landfill, comply with the following minimum standards: it must o Liner Sustem: All proposed landfills under the Agreement shall be provided with at least a single liner system to restrict the migration of leachate and prevent pollution of underlying soil or groundwater. Liner systems shall consist of low permeability soil admixtures, clays or synthetic materials. Liners are at a minimum to consist of materials having a demonstrated hydraulic conductivity and chemical and physical resistance not adversely affected by waste emplacement or sanitary landfill leachate, including synthetic geomembranes and soils such as clay or other semi impervious admixture. Liner systems may consist of an impervious liner composed of at least two feet of clay with demonstrated hydrauiic conductivity of 1 x 10-7 cm/sec or a synthetic single lining system of a thickness of at least 60 mils. Thicknesses down to ~o mils may be acceptable for composite liners which include impervious clay. o Foundation: The proposed landfill shall be deslgned and constructed on an appropriate foundation which provides firm, relatively unyielding planar surfaces to support the liner system and which is capable of providing support to the liner and resistance to the pressure gradient above and below the liner resulting from settlement, compression or uplift. <J Leachate Collection: The proposed landfill shall be equipped by a leachate drainage and removal system. The leachate drainage system shall consist of collection pipes and a 8-10 I . I I I I I I I ~ I I I I I I ~ I I drainage la~er. The s~stem shall be designed to ensure that the leachate head on the liner does not exceed one foot at an~ time. A leachate removal s~stem shall be provided to remove leachate within the drainage s~stem to a central collection point for treatment and disposal. <~ Leachate Treatment and Disposal: shall be treated and disposed of in with all applicable laws, including pretreatment standards and limitations. Leachate accordance applicable discharge o Gas Collection and Ventin~: The proposed landtll1 snaIl De equlppea Wl n a suitable gas collection and/or venting s~stem which complies with all air pollution requirements and other applicable laws. o Surface DrainaQe Swstems: The proposed lanarlll sha 1 08 aeslgnea with an approprlate surface drainage s~stem which isolates the landfill from adjacent surface water drainage in a controlled manner, as well as controlling run-off from the landfill itself. o Monitorinq Swstem: The proposed landfill shall be equipped with appropriate s~stems to monitor groundwater qualit~, gas production, leachate volume, quantit~, slope and settlement status. The number and location of ground water monitoring wells shall be sufficient to define and detect an~ potential migration of contaminants. However, no fewer than one upgradient monitoring well and two downgradient monitoring wells shall be provided in an~ event. A regular sampling and ana~~sis program shall be in place to verif~ that no groundwater contamination results from the landfill. ,~ Closure: The proposed landfill shall have in place a written closure plan which conforms to applicable laws and standard industr~ practice. The closure plan shall be designed to insure that contamination does not spread from the landfill during the post closure period. 8-11 I . I I I I I I I ~ I I I I I I ~ I I 7.~ 8.0 Bidder must clearly specify their intended disposal alternatives and support same with copies of appropriate experience, site location, permits, agreements et al., as outlined in this bid solicitation. The use of Solid Waste Disposal Sites shall be subject to the approval of the Town of Southold based upon review of information submitted with the bid describing in detail the nature of the disposal process and other information reasonably requested by the Town. The Contractor shall be solely and completely responsible for any and all liability relative to contractor's failure to dispose of solid waste at an approved site. Weighings The Town will compensate the Contractor for waste material hauled and disposed of on a net tonnage basis (short tons = 2000 pounds). The certified weighings will be made at the Southold Town Transfer Station. The Disposal Site will accept these weights for invoicing purposes. All weights will be generated on current certIfIed weigh scales. In the event of any dispute over differences in net weights between the Town and Disposal Sites scales and ,"eight records, the Town may make payment upon the weight it deems to be most correct, until the dispute is reconciled. Any claims fop differences must be filed in writing within sixty (60) days of occurrence or the Town's calculation shall be deemed final and binding between the parties. SAFETY AND HEALTH REGULATIONS The Contractor shall comply with all current Federal Department of Labor, Safety and Health Regulations under the Occupational Safety and Health Act, 19Y2 (PL 91-596) and Section 10Y, Agreement Work Hours and Safety Standards Act (PL 91-5~). Specific consideration shall be given, 'but not limited to, the following major areas: a. Maintenance safety procedures guards and shields on dynamic equipment, guards, railings, electrical lockouts, vehicle wheelblocks, audio vehicle backup alarms, vehicle wheel chocks, etc. b. Employee safety teaching, first-aid resuscitation, etc. orientation, education, training, cardiopuimonary B-12 I . I I I I I I I I- I I I I I I ~ I I g.o c. Noise and dust control, ear protection, respirators, hardhats, safety shields, glasses, protective clothing, sanitary facilities, etc. d. Fire and explosion preventions, control, equipment (fire blankets, extinguishers, first aid, hoses, etc.) and personnel escape alternatives. e. Traffic flow control patterns. f. Accident or injury reporting system (the shall receive copies of all reports immediate verbal notification). Town and g. Employee health safeguards. h. Mechanic's lien interference. safeguard against work The Contractor shall comply with all federal regulations, laws and statutes work and to safety in particular. local, state and which apply to the The Contractor shall comply with New York Department of Labor current requirements. State The Contractor shall be solely and completely responsible for operational safety during performance of the Agreement. The obligation exists twenty-four C2~) hours a day, each and every day throughout the term of the Agreement. The Town of Southold shall not have any responsibility for means, methods, sequences or techniques selected by the Contractor for safety precautions and programs, or for any failure to comply with laws, rules, regulations, ordinances, codes or orders applicable to the Contractor furnishing and performing the services under the term of the Agreement. OPERATIONS AND PROCEDURES The Contractor will be required, prior to commencement of operations, to provide the following operational plans to the Town for review and acceptance. Revisions, modifications, and updates shall be forwarded to the Town throughout the term of the Agreement. .~ Organization personnel chain of command, names staffing requirements. and structure, and telephone showing the numbers and 8-13 I . I I I I I I . 9.1 .e . . . . . . ~ . . .:, Operations plan - shifts, hours, etc. Cl Safety, disaster, and emergency procedures. o Transportation planA including available tran?port equipment, vehicle tleet and reserve capabilitles. o Inclement Weather Plan - This shall describe the bidder's plan should inclement weather alter normal daily operations as described in the bidder's operations plan. The inclement weather plan shall include hauling operations and disposal operations. The bidder's means of assessing inclement weather conditions (weather and road conditions), method of reporting to the Town and the alternatives shall be described. Supporting Data In the event the Town requires any information in support of Town held licenses and permits at the Town, County, State and Federal level, the Contractor will be required to furnish ail licenses, permits and inspection reports regarding equipment and disposal sites which may be required by Town, County, State or Federal law. In the event the Contractor requires any information in support of Contractor held licenses and permits at the Town, County, State and Federal level, the Town will cooperate in furnishing such information as it applies to the Southold Town operations. disposal) records shall be the operation. The Contractor an organized fashion that allows analysis. The Town, or its hours notice inspect the Such records shail be kept for a period of two (2) years Agreement. Operating (hauling and considered essential to shall keep these data in for easy retrieval and designee, may upon 2~ Contractor's records. available by Contractor after termination of this In the event the Town requires additional information for reporting purposes, the Contractor will supply same. The Town, or its designee, may call upon the Contractor at anytime for an oral review of any technical matter. The Contractor shall file and update the foilowing information as specified herein. B-l~ I . I Items I Haul Equipment (Schedule H) Haul Accident Report (Appendix C) Disposal Accident Reports Licenses, Permits and Inspection Reports Part 360 Permit. All Bid Information Schedules I I I I . - -- B-15 Due as changes occur on occurrence on occurrence on occurrence as changes occur as changes occur . . . . . . . . . .- . - -- SECT ION C TOWN OF SOUTHOLD SOLID WASTE HAUL-DISPOSAL SERVICES CONTRACTOR BID FORM 1.0 I NTH,IT The undersigned hereb~ recognizes that these documents are complementar~ and are intended to provide for uniformit~ in bid evaluations. The formal Agreements resulting from this Bid Solicitation shall be in a form provided b~ the Town. These documents are intended to depict complete Solid Waste Haul-Disposal Services Agreement and therefore an~ discrepancies contained in the documents, or the omission from the documents of express reference to an~ work which obviousl~ was intended under the Agreement, shall not excuse or relieve the Bidder from furnishing the same. No oral statement shall in an~ manner or degree modif~ or otherwise affect the terms of the Agreement. Work or materials described in words which have a well known technical or trade meaning, shall be interpreted b~ such meaning. 2.0 GENERAL BID STATEMENT TO: TOWN OF SOUTHOLO STATE OF NEW YORK 53085 MAIN ROAD SOUTHOLD, NEW YORK 11871 Gentlemen: The Undersigned Bidder has carefull~ examined the forms and content of the Bid Solicitation, including notice to bidders, bid bond, sample operating agreement, performance bond, certificates of insurance, general conditions, bid specifications, and addenda, has familiarized itself with the sites of work, and hereb~ proposes to furnish all necessar~ services, permits, labor, materials, equipment, vehicles, and tools required to perform and complete the work in strict accordance with all of the bid documents written b~ or on behalf of the Town of Southold for this proJect. The undersigned Bidder agrees to abide b~ all conditions stated, intended, or implied both particularl~ and generall~ b~ the terms of this Bid Solicitation, the Agreement to be provided b~ the Town, and the unit price Bid herein stated. [-1 I . I 1 . I I I I I I f I . ... .... ..-r The Undersigned Bidder also agrees as follows: FIRST: If thIs bid is accepted, Agreement and furnIsh to the Town performance bond, and insurance all calendar days. to execute the a satisfactory within ten CI0) SECOND: To begin Solid Waste Haul-Disposal Services operations on the commencement date of any Agreement awarded hereunder, having completed all necessary prior preparations of operational planning, personnel hiring, equipment procurement, subcontractor contractual agreements, and ancillary facilities, etc., to assure a smooth and orderly acceptance of these duties. THIRD: To pay the Town any and all damages it may incur as a result of the Contractor's failure to perform all acts necessary to the execution of the Agreement as provided in the Bid Solicitation. It is recognized and agreed that the Town unconditional right to utilize the funds by the bid bond posted by the Bidder as a obtaining indemnification or payment damages. has the provided means of of such FOURTH: During the performance of this Agreement, the Contractor hereby agrees as follows: a. The Contractor shall not discriminate against any employee or applicant for employment because or age, race, creed, color, sex, marital status, national origin, physical disability, and shall take affirmative action to ensure that they are afforded equal employment opportunities without discrimination because of age, race, creed, color, sex, marital status, national origin or physical disability. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or termination, rates of pay, or other forms of compensation, and selection for training or retraining, including apprenticeship and on- the-job training. b. The Contractor shall comply with the provisions of Sections 290 through 301 of the Executive C-2 I . I I I I c. I I I f I ~ .... -.or La"" shall furnish all information and reports deemed necessary by the State Commission for Human Rights under these nondiscrimination clauses and such sections of the Executive Law, and shall permit access to his books, records, and accounts by the State Commission for Human Rights, the Attorney General, and the Industrial Commissioner for purposes of investigation to ascertain compliance with these nondiscrimination claUses and such sections of the Executive Law and Civil Rights Law. This Agreement may be forthwith cancelled, terminated, or suspended, in whole or in part, by the Town upon the basis of a finding made by the State Commission for Human Rights that the Contractor has not complied with these nondiscrimination clauses, and the Contractor may be declared ineligible for future Agreements made by or on behalf of the state or public authority or agency of the state, until he satisfies to the State Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these nondiscrimination clauses. Such findings shall be made by the State Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these nondiscrimination clauses and after verified complaint has been filed with the Commission, notice thereof has been given to the Contractor, and an opportunity has been afforded to him to be heard publicly before three members of the Commission. Such sanctions may be imposed and remedies invoked independently or in addition to sanctions and remedies otherwise provided by law. d. No laborer, workman or mechanic in the employ of the Contractor or subcontractor shall be permitted or required to work more than eight hours in anyone calendar day, or more than five days in anyone week except as otherwise provided in Labor Code Section 220. e. The Contractor shall include the provisions of clauses (a) through (e) in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within the State of New York. The Contractor will take such action in enforcing C-3 . . . . . . . . . {I . . 2. . . - . - - .- such provisions of such subcontract or purchase order as the Town may direct, including sanctions or remedies. this bid, the Bidder and behalf of any Bidder a Joint bid each party own organization, under to the best of his FIFTH: By submi ssion of each person signing on certifies, and in case of thereto certifies as to its penaity of perjury that knowledge and beiief: a. The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter reiating to such prices with any other Bidder or with any competitor. b. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectiy to any other Bidder or to any competitor. c. No attempt has been made nor will be made by the Bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. The undersigned also declares that it has or they have carefully examined the Bid Solicitation requirements and sample operating agreement and that it has or they have personally inspected the actual location of work, together with the local sources of supply, has or have satisfied itself or themselves as to all the quantities and conditions, and waives all rights to claim any misunderstanding, omissions or errors regarding the same which such inspection and observation would have disclosed. The undersigned further understands and agrees that it is or they are to furnish and provide in return for the respective Evaluation Unit Bid Price, all the necessary materials, machinery, vehicles, implements, tools, labor services, and other items of whatever nature, and to do and perform all work necessary under the aforesaid conditions, to complete operations of the aforementioned Solid Waste Haul-Disposal Services operations in accordance with the Bid Solicitation requirements, [-'I I . I I 3. I I I I I ~ ~. which requirements are a part of this response, and that it or they wiii accept in fuii compensation therefore, the compensation provided for in Section C-3. The undersigned submits herewith a bid guaranty within the form provided by the appiicabie bid documents in the amount of $100,000.00 for any option or combination thereof. In the event this proposal is accepted, and the undersigned fails, within ten (10) calendar days after date of receipt of Notice of Award from the Town to execute and deliver an Agreement in the form provided by the Town or fails to execute and deliver evidence of proper insurance coverage and performance bond in the amounts required and in the prescribed form within ten (10) days after Notice of Award, the bid guaranty shall be forfeited and be retained by the Town toward the satisfaction of liquidated damages and not as a penalty. Otherwise, the total amount of bid guaranty will be returned to the Bidder. The undersigned acknowiedges the receipt of the followIng addenda, but it agrees that it is bound by all addenda whether or not listed herein and whether or not actually received, it being the Bidder's responsibility to receive and have knowledge of all addenda. ADDENDUM NUMBER AND DATES Number 1 - Dated:_ ~~~~~_______________ Number 2 Dated: Number 3 Dated: Number ~ - Dated: Number 5 - Dated: 5. The Bidder has completed the Contract Bid Form and Unit Price Bid Schedules in both words and numerais in accordance with these bid requirements. ..... .... C-5 - ~ I I I I I I , I I I I I I .. I I 3.0 UNIT PRICE BID SCHEDULE SOLID WASTE HAUL-DISPOSAL SERVICES SOUTHOLD TOWN, NEW YORK 3.1 COMPENSATION The undersigned hereby submits the following price bid to furnish Solid Waste Haul-Disposal Services, to Southold Town, New York for the terms; July 10, 199~ through July 9, 1999. HAUL-DISPOSAL SERVICES The Haul-Disposal Service Applicable Unit price per ton for agreement year 199~-1995 is___Si~~_!~~~______ dollars and Eighty cents ($ 64.80 ). (Cl) ------------------------ --------------- The Haul-Disposal Service Applicable Unit price per ton for agreement year 1995-1996 is _ Six~!~ur___________ dollars and ___.-!'1~~.Y------- cents ($ 64.80 ). (C2) ------------- The Haul-Disposal Service applicable unit price per ton for agreement year 1996-1997 is __-2~~y S~_______ dollars and Seventy Four 66.74 ). (C3) cents ($ ----------------- -------------------- The Haul-Disposal Service applicable unit price per ton for agreement year 1997-1998 is __~~DL~~~____________ dollars and _~eve~!LY~~~_____ cents ($__-2~~~_____________). (C~) The Haul-Disposal Service applicable unit price Seventy per ton for agreement year 1998-1999 is ------------------- dollars and __~g~~__________ cents ($ 70.80 ) . (C5) -------------------- C-6 I . I I I I I I I i' I I I I I I -- I I 3.2 EVALUATION UNIT BID PRICE FORMULA Evaluation Unit Bid Price= (Cl)l2,000+(C2)12,000+(C3)12,000+.5(C~)12,000+.5(C5)12,000 J64.~~L~___JQi~QL_----JDUJAL_-__---fi&JA-_---_--~--~~~~-------- ~B,OOO tons Evaluation Unit Bid Price =$ 66.52 ------------------------------------ The evaluation years four and (3) years. unit bid price formula is designed to evaluate five at .5 the evaluate of each of the first three .....,- Bidder L.tIL~f..~<;2A-1..JZ~!J(_{J-:Z-d,W (~ TN( Firm- rporation ~ . ..--- By: C-7 127-50 Northern Blvd. Flushing, New York 11368 Address May 26, 1994 Date I . I I I I I I I (' I I I I I I Ie I I 't.0 BID 5ECURITY ACKNOWLEDGEMENT I have attached the required bid security to this bid. 5.0 INFORMATION 5CHEDULE5 I agree to furnish and include the following information schedules in addition to the information submitted with this proposal, as a part of this bid: A. Certification that the Bidder does not currently owe taxes, or other outstanding funds, or have pending or is currently involved in any litigation involving the Town of 5outhold, 5tate of New York (5chedule A, attached hereto). B. Location and address of the Bidder's main office and the main office of parent companies (if applicable) and Certified 5tatements of Ownership (5chedule B, attached hereto). C. Identification of 5urety Company and its and written certification from the verifying the bond specified herein provided (5chedule C, attached hereto). Agent, 5urety wi 11 be D. Identification of all currently registered parent bidding subsidiary corporate officers, and their addresses, and identification and certification of offices authorized to execute an Agreement on behalf of the firm (5chedule 0, attached hereto). Eo Detailed financial if applicable, for attached hereto). statement for the parent companies Bidder, and (5chedule E, F. 5tatement of Bidder's Qualifications and related experiences (5chedule F, attached hereto). G. Major 5ubcontractors (5chedule G, attached hereto) . H. Equipment - (5chedule H, attached hereto) . I . Maximum 5pecified Capacity (5chedule I, Attached hereto) . C-B I . I I I I I I I i' I I I I I I .. I I J. Information on Bidder's Solid Waste Disposal Site(s) (Schedule J, attached hereto). K. Form of Bid Bond (Schedule K, attached hereto). L. Performance Bond (Schedule L, attached hereto). M. Non-Collusive Bid Certificate (Schedule M, attached hereto). Dated:_~~y_~~_~~j______________________________________________- Name of Bidder: __I~~~~-~Q~~I~~~ILQN-~Q~ltl~~_-------------------- Address of Bidder: 127 -50 Northern Blvd. Flushing, New York 11368 By: ----- Vice President ------------------------------- Title Corpcrate Seal (If a Corporation) Incorporated under the laws of the State of Np.w YaDL__________ Names and addresses of officers of the corporation: Kenneth Tully (President) Peter K. Tully (Secretary) 59 Colonial Drive Plandome, NY 11030 Name Address 4 Shady Meadow Lane, Muttontown, New York 11791 Name Address (Treasurer) Name Address (If an individual or partnership) Names and addresses of all principalS or partners ------------------------------------------------- --------------------------------------------- ---------- ------------------------------------------------------------- C-g I . I( I I I I I I , I I I I I I - f I NOTE: FAILURE TO COMPLETE ANY OF THESE INFORMATIONAL FORMS MAY BE THE BASIS FOR THE OWNER IN ITS SOLE DISCRETION TO DECLARE THE BIDDER SUBMISSIONS INFORMAL AND NOT AWARD THE WORK TO ANY SUCH BIDDER. THE OWNER RESERVES THE RIGHT AT ITS SOLE DISCRETION TO WAIVE INADVERTENT OMISSIONS ON THE FORMS OR TO REQUIRE THE BIDDER TO PROVIDE SUCH OMISSIONS AS THE OWNER MAY DEEM TO BE IN ITS BEST INTERESTS. I . I I I I I I I , I I I I I I ~ I INFORMATION SCHEDULE A Town of Southold Bid PLoJect Solid Waste Haul-Disposal SeLvices This BiddeL I~~S~~~trQ~li~~S~~J~~~_ heLein ceLtifies that as a (BiddeL's legal name) BiddeL, it does not cULLently owe delinquent taxes OL otheL outstanding funds, OL having pending OL cULLently involved in any litigation involving the Town of Southold, State of New YOLk. Name of BiddeL: ~O..!l~tr~~t:iQIl_~~_IDs~_ Date: _l\!~L~~ 1994 By : Peter K. Tully ------------ (AuthoLized NOTE: (1) IF blank not applicable, Fill in with N/A (2) If biddeL owes the Town taxes OL is involved in any litigation, a statement of explanation will be attached heLeto. Tax/Litigation CeLtification BID (PROPOSAL) FORM Schedule 5.0.A I . I I I I I I I . I I I I I I , I INFORMATION SCHEDULE B Town of Southold Bid Project Solid Waste Haul-Disposal Services The following is information on the undersigned Bidder's office locations: Bidder's Main Office 127-50 Northern Blvd. Fl@.b.\ng,.J'Lew _Y9rk_H.3filL_______ ---------------------------- Manager's Name (Contact) :!:~l1y _~.E~!!~~t:i9.l!._~~_~~'_______ Firm's Legal Name 127-50 Northern Blvd. f~~hinEL~~~_~~!~~l~~~_______ Street Address (Box Numbers) Flushing, New York 11368 --------------------------- City State Zip (718) 446-7000 --------------------------- Telephone Number The Bidder herein certifies that the Bidder's Parent Corporation Main Office -------------------------- ------------------------------ Manager's Name (Contact) ----------------------------- Parent Firm's Legal Name ------------------------------ Street Address (Box Numbers) ----------------------------- City State Zip ----------------------------- Telephone Number ---------------------------- Firm is partially/wholly owned subsidiary of This Parent Firm --------------------- Parent Firm is owned__________________________% By______________________________________________________--------- or is a public/private stock corporation. Bidder Office Locations/Ownership Certification BID (PROPOSAL) FORM Schedule 5,O.B Page I of [' I . I I I I I I I . I I I I I I ~ I INfORMATION SCHEDULE B - (Continued) Name of Bidder: Tully Construction Co. Inc. -------------------------------------------------- By:_~~~~_~~I~gr_______________________ Date:_~~_~~~~~~~_______ Note: (1) Any attachments or modifications to shall be labeled Schedule 5.0.B, and integrated into the Bid Form. this form be property (2) If blank not applicable, fill in with N/A Bidder Office Locatlon/Owner5hip Cer-tification BID (PROPOSAL) FORM Scl-1I3dule 5,0, B Page 2 of 2 . .. I I I I I I I f' I I I I I I Ie I I INFORMATION SCHEDULE C See Bid Bond Town of Southold Bid Project Solid Waste Haul-Disposal Services This is identification that ~--------------------------------- "Jil] be the Surety Company for _________________~_______________, the Bidder, on this project and that the named Surety Company herein provides written certification that the named Surety Company will provide the Performance Bond, specified in the Contract Documents, in the event the Bidder enters into an Agreement with the Town. The Surety Company herein certifies that such Company is licensed to do business in the State of New York. (L.S,) ------------------------- Principal (Seal) Surety Company By: ----------------------------- Surety Verification BID (PROPOSAL) FORM 5clledule 5, (1, C . I .. I I I I I I I ~ - iiii - iiii - "",.... INFORMATION SCHEDULE D Town of Southold BId Project Solid Waste Haul-Disposal Services The Bidder herein certifies that the below named individuals are the current registered corporate officers, along with their current permanent addresses, and designates their authorit~ to execute an Agreement on behalf of the firm Officer's Name__~~Eet~~~~x_______ Subsidiar~ Corporate Title_~~~~~~~__________ Address_~~_~~Q@~L~~l~____________ Officer's Parent Corporate Name Ti tIe Address Cit~_~@EQ~~~_~~_ll~J_____________ Cit~__________________________ State, Zip____~~~_~~~_ll~~_______ State, Zip____________________ Officer's Name_~~~~_~~I~~~_______ Subsidiar~ Vice President & Corporate Title_~~~_________ Address 4 Shady -Meadow Lane Officer's Parent Corporate Name Ti tIe Address Ci to, Muttontown Ci t ~----------------------------- ~-------------------------- State, Zip__!'_~w_y~~~_~!~~________ State, Zip____________________ Officer's Name Subsldiar~ Corporate Title__________________ Address Cit~_____________________________ State, Zip_______________________ Current Corporate Officers BID (PROPOSAL) FORM Officer's Parent Corporate Name Title Address Cit ~-------------------------- State, Zip____________________ Schedule 5.0.0 Page 1 of 2 =~ - - - - - III I I {' I - iiii . "" I . . . ii -- --- - I INFORMATION SCHEDULE D - (Continued) N/A Officer's Name Subsidiaru Corporate Title_________________ Address Citu____________________________ State, Zip______________________ Officer's Parent Corporate Address Name Ii tie Cit U__________________________ State, Zip____________________ Name of Bidder: tion Co. Inc. Corporate Seal BU: Peter K. Tully Date:__~~_~~_~~~~_________________ NOTE: If blank not applicable, fill in with N/A Cur~ent Corpo~Bte OffIcer BID (PROPOSAL) FORM 5chedule 5.0.0 Page 2 of 2 I . I I I I I I I ~ I I I I I I ~ I I INFORMATION SCHEDULE E Town of Southold Bid Project Solid Waste Haul-Disposal Services STATEMENT OF BIDDER'S FINANCIAL CONDITION 1. This Bidder agrees to provide for any subsidiary and parent firm, and hereto attaches a current or the most recent Audited financial StatementCs) including as a minimum the firms opinions, notes, revenue/expense statements, conditions of cash, etc. The attached statement provided includes: Accounting Firm Name~~_~rL{fL~~__~~~~~~~~~~-_ Address~~~~~~_~_~L-~____________________________ Financial period~J~~_~~._~_______ To _______________ Statement Date ---------------------------------------------- 2. The bidder certifies that he currently. has an available line of credit in the amount of $ IV/~ . A supporting documentary evidence atta~to this form is supplied by: Name -------------------------------------------------------- Address ----------------------------------------------------- Date -------------------------------------------------------- 3. The undersigned Bidder certifies to the validity of statement and agrees to furnish any other information upon request that may be required by the Town of Southold, New York. Bidder's Financial Condition BID CPROPOSAL) FORM Schedule 5.0.E Page 1 of 2 - - INFORMATION SCHEDULE E - (continued) ~. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by Town of Southold, New York in verification of the firms financial condition. Dated at May 26, 1994 This_~~ day of _~::~__ _~_CQllStructiolLCQ..... Name of Vice President Ti tl g~ State of New York, County of ___~~~~~___________________________ ~~~~~_I~q____________ being duly sworn deposes and says that he is ___\0ceJ'~~~~~~~_________________ of Ii tle Tully Construction Co. Inc. ------------------------ Name of Organization ~ and that the answers to the foregoing questions and all statement - therein contained are true and correct. Sworn to me this 26 day of ___~~______________, 199~. BRUNO A. AGOSTI Notary Public, State 01 New York No. 4766827 QualHied in Suffolk COunty COmmission Expires Oct. 31,1994 My Commission expires ______________________________ NOTE: (1) (Bidder may submit additional information if desired as Schedule E attachments.) (2) If blank not applicable, fill in with N/A - -' Bidder's Financial Condition BID (PROPOSAL) FORM ~:chedule 5,0, E: Page 2 of c . . . TULLY CONSTRUCTION CO. INC. YEARS ENDED DECEMBER 31, 1993 AND 1992 TABLE OF CONTENTS Page Independent auditors' report 1 Financial statements: Consolidated balance sheet Consolidated statement of operations Consolidated statement of cash flows Notes to consolidated financial statements 2 3 4 5 - 8 Independent auditors' report on supplementary information 9 Supplementary information to financial statements: Schedule of contracts in progress Schedule of earnings from contracts Schedule of general and administrative expenses 10 11 12 J~ &. 9~' . CERTIFIED PUBLIC ACCOUNTANTS 81'tJ ~ ~ Jf/~ AfJ/ //70'cf VINCSNT PANE'YTIERI. C.P.A. STEVJ!N KAYE, C.P.A. JOHN CHEEK. C.P.A. TEL (516) 75+0505 FAX (516) 754-0192 Stockholders and Board of Directors Tully Construction Co. Inc. We have audited the accompanying consolidated balance sheets of Tully Construct i on Co. Inc. as of December 31, 1993 and 1992, and the related consolidated statements of operations and retained earnings, and cash flows for the years then ended. These financial statements are the responsibility of the Company's management. Our responsibility is to express an opinion on these financial statements based on our audits. . We conducted our audits in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assess i ng the account i ng pri nci pl es used and s i gni fi cant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Tully Construction Co. Inc. as of December 31, 1993 and 1992, and the results of its operations and its cash flows for the years then ended in conformity with generally accepted accounting principles. ~~;~ . April 22, 1994 1 . . . TULLY CONSTRUCTION CO. INC. CONSOLIDATED BALANCE SHEET ASSETS Current assets Cash Accounts receivable Costs and estimated earnings in excess of billings on uncompleted contracts Marketable securities (market value: 1993 - $1,169,367; 1992 - $2,401,340) Notes receivable - officers and employees Notes receivable - other Advances/investments in affiliates Prepaid expenses Other current assets Total current assets Property and equipment - net of accumulated depreciation Investments in. real estate Total 1993 1992 $ 396,869 $ 45,007 20,080,932 12,126,803 287,556 459,876 1,089,004 2,207,422 79,794 180,950 100,000 938,198 753,509 447,554 151,21B 203.894 283.029 23,523,B01 16,307,814 4,779,697 4,017,943 273.323 273.323 $28.576.82~ $20.599.080 LIABILITIES AND STOCKHOLDERS' EQUITY Current liabilities Accounts payable Accrued expenses Advances - Willets Point Asphalt Corp Notes payable - current Billings in excess of costs and estimated earnings on uncompleted contracts Deferred income taxes - current Total current liabilities $13,487,668 $ 9,077,948 626,284 1,263,773 256,913 3,088,226 2,821,563 1,507,209 120,348 310.000 280.000 19,276,300 13,563,632 709,775 998,852 1,820,000 580,000 interest 54.672 355.840 21.860.747 15.498.324 Long term liabilities Notes payable, less current portion Subordinated loans - stockholder Due to consolidated joint venture minority Total liabilities Stockholders' equity Common stock - no par value, authorized 200 shares, issued and outstanding 100 shares Retained earnings Total stockholders' equity Total 10,000 6.706.074 6.716.074 10,000 5.090.756 5.100.756 $28.576.821 $20.599.080 .See notes to consolidated financial statements. 2 I . I I I I I I I ,. I I I I I I .. I I INFORMATION SCHEDULE F Town of Southold Bid Project Solid Waste Haul-Disposal Services The Bidder hereIn certifies that it Is qualified to perform the work covered by this proposal, and that it is not acting as a broker on the behalf of others. To substantiate these qualifications, the Bidder offers the following related information and references in order that the Town may evaluate the Bidder's qualifications and experience. 1. Bidder's Legal Name:_____!~~~~_~~~!RU~!~ON_~Q~~~~________ 2. Busi ness Address: ________~~_=~Q.._Nor.!.herE._~~~_________________ Street Flushing, New York 11368 ------------------------------------------ City State Zip 3. State incorporated:__~~~_!~~~_____ Year incorp.__J~~~______ '-1. New York State; Business License No.: 5. No. years in contracting business under above name:~__yrs. 6. Has firm ever defaulted on a contract? Yes No_~____ 7. Gross Vaiue - work under current contract: $_~~~aO~~~~Q__ 8. Number of Current Contracts: 8. Brief description general work performed by firm:__________ ----------------------------------------------------------- ----------------------------------------------------------- ----------------------------------------------------------- Qualifications Summary BID (PROPOSAL) FORM Schedule 5.0.F Page 1 of 'I I . I I I I I I I i' I I I I I I -- I I INFORMATION SCHEDULE F - (Continued) 10. Has firm ever failed to complete work awarded? Yes No_~_ If yes, attach support statement as to circumstances. 11 . Related Experience Reference (within previous 5 years) See q+-1,,-che~ 11.1 Project Title: ----------------------------------------- Owner's Name: ------------------------------------------ Address: ------------------------------------------------- Engineer:___________________________________________________ Address: Project Initial Start Date: Project Acceptance Date: Initial Bid Value: $ --------------------------------------- Final Complete Project Value: $_____________________________ BrIef Project Description:__________________________________ ---------------------------------------------------------- -------------------------------------------------------- 11.2 Project Title: --------------------------------------------- Owner's Name: Address: Engineer:___________________________________________________ Address: Project Initial Start Date: Project Acceptance Date: Qualifications SummarU BID (PROPOSAL) FORM 5c)-ledule 5, [), F Page 2 of 't I . I I I I I I I f I I I I I I .. I I INfORMATION SCHEDULE f - (Continued) Initial Bid Value: $ ---------------------------------------- Final Complete Project Value: $_____________________________ Brief Project Description:__________________________________ ------------------------------------------------------------ ------------------------------------------------------------ 11.3 Project Title: Owner's Name: --------------------------------------------- Address: ---------------------------------------------------- Engineer:___________________________________________________ Address: -------------------------------------------- Project Initial Start Date: Project Acceptance Date: Initial Bid Value: $ final Complete Project Value: $_____________________________ Brief Project Description:__________________________________ ------------------------------------------------------------ ------------------------------------------------------------ ------------------------------------------------------------ Qualifications Summar~ BID (PROPOSAL) fORM Schedule 5.0.F Page 3 of 'i I .. I - - ~ -- INFORMATION SCHEDULE F - (Continued) 12. Principal Firm Members' Background/Experience (3 members minimum). Schedule 5.0.F Attach current resumes as supplement or give concise description b~ individual. Tully Construction Co. Inc. Name B~: O t May 26, 1994 a e:_________ orized Signature) ter K. Tully NOTE: An~ supplemental attachments or modifications to this form shall be labeled Schedule 5.0.F, and shall be properl~ integrated into this Bid Form. If blank not applicable, fill in with N/A Qualifications Summary BID (PROPOSAL) FORM Schedule 5.0,F Page '-! of '-! . TULLY CONSTRUCTION CO. INC. GENERAL CONTRACTORS PHO:'\E 446.7000 AHE.\ ('0111'; 71H 127-50 NORTH~HJ\' HOIILEVAHD FLUSHING. NEW YORK 11:-l6H MUNICIPAL WASTE PROJECTS PERFORMED OR CURRENTLY IN PROGRESS 1. Job: Our Job No. 91-109 $15,008.116. Contract No. S30510T Nassau County Sludge Loading, Transportation and Final Disposition of Sludge Material Contractor: Tully Construction Co. Inc. 127-50 Northern Blvd. Flushing, New York 11368 . Owner: County of Nassau 1 West Street Mineola, New York Project Manager: Joe Davenport (516) 535-4102 2. Job: Our Job No. 91-114 $446,556. Contract No. RSCSUPS92 Putnam County Sludge Cleaning, Reconstruction, Transportation and Disposal of Sludge Contaminated Sand in Bruster and Mayopac Waste Water Treatment Plants Contractor: Tully Construction Co. Inc. 127-50 Northern Blvd. Flushing, New York 11368 Owner: New York City Department of Environmental Protection 59-17 Junction Blvd. Elmhurst, New York 11373 Commissioner: Albert Appleton (718) 595-3269 . . TuLLY CONSTRUCTION CO. INC. 3. Job: Our Job No. 91-117 $2,288,707. Contract No. 91-92 (3 Year Contract) Rockland County Sludge Transfer and Disposal of Sludge Cake Disposal in Pennsylvania and Ohio Contractor: Tully Construction Co. Inc. 127-50 Northern Blvd. Flushing, New York 11368 Owner: Rockland County 4 Route 340 Orangeburg, New York 10962 Executive Director: Ron Delo (914) 359-7111 4. Job: Our Job No. 92-121 $11,057,280. Contract No. PW #1 - 92 (3 Year Contract) Hempstead Waste Transfer, Processing & Recycling of Yard Waste . Contractor: Tully Construction Co. Inc. 127-50 Northern Blvd. Flushing, New York 11368 Owner: Town of Hempstead Dept. of General Services - Town Hall Hempstead, New York 11550 Commissioner: William McGrane (516) 378-4210 5. Job: Our Job No. 92-127 $650,000. Contract Orangetown Sludge Hauling and Disposing of Sewage Sludge Ash Contractor: Tully Construction Co. Inc. 127-50 Northern Blvd. Flushing, New York 11368 Owner: Town of Orangetown Town Hall Orangeburg, New York 10962 Director of Sewers: Joseph H. Sullivan (914) 359-6502 . . TuLLY CONSTRUCTION CO. INC. 6. Job: Our Job No. 92-129 $263,500. Contract No. C-462 Sludge Management Services City of Long Beach, New York Contractor: Tully Construction Co. Inc. 127-50 Northern Blvd. Flushing, New York 11368 Owner: City of Long Beach Department of Public Works Kennedy Plaza Long Beach, New York 11561 Robert L. Raab, P.E. (516) 431-1000 7. Job: Our Job No. 92-130 $1 ,784.428. Contract No. EF-9203-B Interim Disposal of Sludge from Yonkers Joint Wastewater Treatment Plant & New Rochelle . Wastewater Treatment Plant Contractor: Tully Construction Co. Inc./Hydropress N-Viro Services Inc., A Joint Venture 127-50 Northern Blvd. Flushing, New York 11368 Owner: Westchester County Department of Environmental Facilities New Rochelle, New York 8. Job: Our Job No. 92-131 $1,907,500. Contract Waste I.D. 7796 City of Stamford, Connecticut Dewatered Sewage Sludge Contractor: Tully Construction Co. Inc. 127-50 Northern Blvd. Flushing, New York 11368 Owner: City of Stamford Bureau of Sanitation . 888 Washington Blvd. Stamford, CT 06904 Supervisor of Solid Waste Lou David (203) 977-5080 . TuLLY CONSTRUCTION CO. INC. 9. Job: Our Job No. 92-132 City of Glen Cove Sludge Management Services $1,169,000. Contractor: Tully Construction Co. Inc. 127-50 Northern Blvd. Flushing, New York 11368 Owner: City of Glen Cove Department of Public Works 100 Morris Ave. Glen Cove, New York 10. Job: Our Job No. 92-134 $13,407,747. Blydenburgh Landfill Town of Is lip, New York Construction of a perminant landfill closure cap, including but not limited to installation of gas migration systems, construction of a perimeter concrete swale, final grading and installation of monitoring wells. . Contractor: Tully Construction Co. Inc. 127-50 Northern Blvd. Flushing, New York 11368 Owner: Blydenburgh Landfill 440 Blydenburgh Road Islip, New York Executive Director: Peter Scully . . TuLLY CONSTRUCTION CO. INC. 11 . Job: Our Job No. 92-135 $11,364,405. Town of Oyster Bay Solid Waste Management Transfer Station Project No. TBI 92-593 Contractor: Tully Construction Co. Inc. 127-50 Northern Blvd. Flushing, New York 11368 Owner: Town of Oyster Bay Dept. of Public Works 150 Miller Place Syosset, New York 11791 Commissioner: Karl Leopold, P.E. . 12. Job: Our Job No. 92-140 $ 2,565,780. Town of Southhampton North Sea Landfill Construction and Closure of the Landfill Contractor: Tully Construction Co. Inc. 127-50 Northern Blvd. Flushing, New York 11368 Owner: Town of Southhampton Southhampton, New York . . TuLLY CONSTRUCTION CO. INC. 13. Job: Job No. 856-26W $ 384,850. City of New York 26th Ward WWTF Furnish, Install & Operate a temporary dewatering system Contractor: AgOrganic, Inc. d/b/a Hydropress N-Viro Services 50 Dwight St. Hatfield, MA 01038 Owner: New York City Department of Environmental Protection 14. Job: Job. No. 880-26W $ 197,298. City of New York 26th Ward WWTF Furnish, Install and operate a temporary Dewatering system . Contractor: AgOrganic, Inc. d/b/a Hydropress N-Viro Services 59 Dwight St. Hatfield, MA 01038 Owner: New York City Department of Environmental Protection . . TuLLY CONSTRUCTION CO. INC. 15. Job: Our Job. No. 93-142 Westchester County Long Term Sludge Management Services Putnam Valley, New York $8,006,000 Contractor: Tully Construction Co. Inc. & AgOrganic, Inc. Joint Venture 127-50 Northern Blvd. Flushing, NY 11368 Owner: Westchester County Department of Environmental Facilities Michaelian Office Building 148 Martine Avenue White Plains, New York 10601 Att: Robert Matarazzo . 16. Job: Our Job No. 93-143 $ 29,500. A & A Landfill Staten Island Test Pits Contractor: Tully Construction Co. Inc. 127-50 Northern Blvd. Flushing, NY 11368 Owner: Eder Associates 17. Job: Our Job No. 93-147 Town of Islip Entrance Road Construction Contract No. IRRA 2A - 93 $ 161,152 Contractor: Tully Construction Co. Inc. 127-50 Northern Blvd. Flushing, New York 11368 Owner: Town of Islip . . TuLLY CONSTRUCTION CO. INC. 18. Job: Our Job No. 93-149 $20,918,200 Contract 93G79 Babylon Landfill Cover Contractor: Tully Construction Co. Inc. 127-50 Northern Blvd. Flushing, New York 11368 Owner: Town of Babylon Babylon, New York 19. Job: Our Job No. 93-150 $ 9,245,425. Contract Phase I Palisades Center, West Nyack Route 50 . Contractor: Tully Construction Co. Inc. 127-50 Northern Blvd. Flushing, New York 11368 Owner: The Pyramid Company of West Nyack 298 Route 59 West Nyack, New York 10994 4 Clinton Square Syracuse, New York 13202-1078 20. Job: Our Job No. 93-151 $ 2,000,000 Various Sewer Treatment Plants New York City Sludge Haul Contractor: Tully Construction Co. Inc. & OCR Trucking & Excavating Corp. 127-50 Northern Blvd. Flushing, New York 11368 Owner: New York City Department of Environmental Protection . 59-1 7 Junction Blvd. Elmhurst, New York 11373 Commissioner: Albert Appleton (718) 595-3269 . TuLLY CONSTRUCTION CO. INC. 21. Job: Our Job No. 93-152 Town of Smithtown Contract No. RFP 93025 Kings Park Tire Recycling: Haul and Transfer $ 3,490,000 Contractor: Tully Construction Co. Inc. & JLJ Recycling Contractors Corp. 127-50 Northern Blvd. Flushing, New York 11368 Owner: Town of Smithtown . . . 1976-1980 1980-1984 1980-1986 . 1986-1988 1988 - Present . KENNETH W. TUllY 29 Miller Boulevard Syosset, New York 11791 EDUCATION Holy Trinity High School, New York Hofstra University, Hempstead, New York Bachelor of Arts Degree in Business Administration WORK HISTORY Willets Point Contracting Corp. Worked on various Metropolitan Area construction projects in the position of foreman and dispatcher of construction equipment. Worked with maintenance crews on preventative maintenance. Willets Point Contracting Corp. Worked at the Town of Oyster Bay Transfer Station on the Town of Oyster Bay Project to transport and dispose of municipal solid waste to out of state landfills. Duties included supervising the loading and dispatching of all equipment to out of state landfills. Contract amount $60,000,000. Tully Construction Co. Inc. Field Superintendent for all solid waste operations coordinating all solid waste projects including landfills and transfer stations. . . . 1979 1988-present 1986-1988 1980-1986 1979-1980 TIMOTHY MOYER 628 Golf Terrace Union, New Jersey 07083 (201) 687-2672 EDUCATION: Temple University, Philadelphia, Pa. B.A. in Chemistry WORK EXPERIENCE: Tullv Construction Co. Inc. Supervisor of a long haul trucking operation. The operation involves hauling solid waste from various transfer stations in the New York City area to different landfills throughout the Eastern United States. Willets Point Contractina CorD. Plant Superintendent to supervise a 24 hour per day solid waste transfer station. The transfer station combined a 1200 ton per day baling operation with an open top trailer loading area. The trailers were loaded for disposal at different landfills in Pennsylvania. Hackensack Meadowlands DeveloDment Commission. Maintained a 2,000 ton per day solid waste baling facility. Familiar with all forms of plant maintenance with specialization in high pressure hydraulics. Served as shop steward of 58 men for two years. Assisted in contract negotiations as shop steward. Atlantic Cement Co. Dealt with different forms of loading and transportation of Portland Cement. REFERENCES: Furnished upon request. . . . THOMAS TULLY High School College 18 Evon Drive, Syosset, New York 11 791 EDUCATION: 1970-74 1974-79 1978-80 LaSalle Military Academy, Oakdale, N.Y. Manhattan College, Bronx, N.Y. Engineering Nassau Community College, Garden City, N.Y. Accounting Continuing Education Units 1974-75 1976 1977 1978-83 1983 Sanitary Landfill Leachate and Gas Management University of Wisconsin at Madison Sanitary Landfill Operation and Management University of Wisconsin at Madison Landfill Design: Conceptual Design Operations and Monitoring University of Florida WORK EXPERIENCE Transreaional Consultina Com. Transit Operator: layout work on numerous construction sites; LaGuardia Airport, Queens, N.Y. West Shore Expressway, Staten Island, N.Y. Precast Conduit Inc. Lab Technician: Test concrete for prestressed concrete I-Beams Concrete Conduit Inc. Lab Technician: Test concrete for prestressed concrete I-Beams Willets Point Contractina Com. Foreman on numerous heavy construction job sites. Assistant supervisor on numerous heavy construction sites including reconstruction of Francis Lewis Blvd., Contract Amount: $ 14,700,000.00 and Service Roads North River Pollution Plant Contract amount $3,500,000.00 Supervisor on Battery Park City Project, including installation of waterfront, esplanade and granite walls. Contract amount: $4,000,000.00, and Queens College Access Roads and Parking Lots, Contract Amount: $ 4,000,000.00 . THOMAS TULL V 1983-85 Profile Electric Inc. Supervisor for project to install IMUS traffic control system in various locations in Brooklyn, N.V. Contract amount $25,000,000.00 1985-90 Willets Point Contractina Coro. Supervisor on the project to reconstruct Classon Ave. and Franklin Ave. Brooklyn, N.Y. Project included new sewers, water main, drainage, sidewalk, curbs, base concrete and asphalt pavement. Contract amount $14,000,000.00 1986-87 Supervisor on a Solid Waste Disposal Project the for Town of Oyster Bay, N.Y. The job entailed coordinating all operations at various landfills in the states of Pennsylvania and Ohio and the trucking operations to various landfills and incinerators. This project included the construction of a transfer station to handle 2,500 tons per day of solid waste. The transfer station was a 40,000 square foot modern bailing facility with the capability to recycle waste. It also included the installation and maintenance on three 1041 HRB Balers, two each 950 Caterpillar Payloader, two each 560 Dresser Payloaders, 100 each Flat Bed Trailers and 25 each Pushout Steel Trailers (85 cubic yards) for 2.5 years. Additionally, we disposed of nearly 40,000 tons of incinerator ash before it was shut down by the Department of Environmental Conservation in 1987. Contact Amount: $ 60,000,000.00 . 1987-90 Director of Solid Waste Division of Willets Point Contracting Corp. coordinating both the Oyster Bay Project and the Bergen County Project. Willets Point/Tully Construction, Joint Venture also operated the Bergen County Utilities Authority transfer station in Lyndhurst, New Jersey. Willets Point was contracted to supply all personnel and equipment to operate the temporary transfer station until the County was able to complete the new transfer station. This transfer station was operated for 8 months, handling up to 4,500 tons daily of municipal solid waste, for the residents of Bergen County. Our personnel operated five Dresser 560 Payloaders, sometimes 24 hours a day to dispose of the County's waste. Also, the Willets/Tully Joint Venture, jointly with other partners, contracted with Laidlaw Waste Systems for the hauling and dispOSing of solid waste from Bergen County Utilities Authority during the same period. Contract Amount: $ 50,000,000.00 . . . . 1990 - Present THOMAS TULLY Tullv Construction Co. Inc. Vice President Solid Waste Division: estimating and coordinating all solid waste projects including landfills and transfer stations. Projects included: 1 - Disposal of sludge for Nassau and Rockland Counties and Long Beach, Long Island. 2 - Recycling of yard waste for Hempstead, Long Island Projects pending award: 1 - Recycling of sludge for Nassau and Westchester Counties 2 - The recycling of co - mingled waste for Tompkins County, New York. 3.- Transportation and disposal of incinerator ash for New York City Certified Landfill Manaaer and Ooerator by the Solid Waste Association of North America, formerly known as Governmental Refuse Collection and Disposal Association. Vice President of Ooerations Ashland Management Corp. Managing General Partner of Cannonsburg Environmental Associates which operates and manages the Cooksey Brothers Landfill in Ashland, Kentucky. In charge of all operations at the landfill including the design and construction of cells C and B to meet Kentucky's Interim Standards and the design of Cell A which will meet Kentucky's new regulation which go into effect in July of 1995. Work includes: Drainage Leachate Collection Clay Installation Final Closure (Northern Section of Cell C) Silt Pond Gas Venting System Installation of Ground Water Monitoring System. . . . WORK EXPERIENCE OF THOMAS J. EAGENS 25 Cross Road Cortland! Manor, N.Y. 10566 (914) 736-9028 Jan. 1992 to Present Tullv Construction Co. Inc. 127-50 Northern Blvd. Flushing, N.Y. 11368 Project Superintendent on an $8,000,000 + combined & overflow box culvert sewer project, Hazen St.,Queens for N.Y.C. D.E.P. Dec. 1990 to Jan. 1992 J&L Concrete Construction COrD. 550 Franklin Ave. Mt. Vernon, N.Y. 10550 Project Superintendent on the following projects: 1) $9,200,000 Sitework Project for the NYCDOC Floating Dentention Facility at Hunts Point, N.Y. 2) Reconstruction of an Aircraft Parking Facility at Stewart Airport. $1,800,000 NYSDOT project. 3) Rock Crushing Operation at the West New York Wastewater Treatment Facility. Aug. 1984 to Dec. 1990 The Briar Contractina COrD. 5 Corporate Drive Peekskill, N.Y. 10566 Project Superintendent on the following projects: 1) Construction of a Double and Triple Liner System for New Landfill at the Smithtown Landfill, Kings Park, N.Y. The $12,500,000 Project was completed in 14 weeks, 1 week ahead of schedule. . THOMAS J. EAGENS . 2) The Permanent Cover of Slopes at the Fresh Kills Landfill, Staten Island, N.Y. consisting of a Clay Cap Gas Venting System, Drainage Swales, Landscaping, etc. The Project Value was $8,500,000. 3) A $2,900,000 Highway Construction Project on Rte. 9W in Rockland County for NYSDOT. 4) Construction of $5,500,000 of Access Roads, etc. at the NYCDOS Edgemere Landfill. 5) Completed a $4,850,000 Earth Moving Project (in excess of 700,000 cy) in 58 days, 30 days ahead of schedule, for NYCDGS at Rikers Island. 6) The Reconstruction of Hugonaut Ave., Staten Island, for the NYCDOT. A $7,500,000 Project. 7) Construction of a $13,500,000 Railroad Station for the City of White Plains, N.Y. 8) The Construction of a $7,000,000 Dredge Disposal Pilot Program for NYCDOS at Staten Island. 9) Construction of Seven Deep Well Pump Stations for the Rockland County, N.Y. Sewer District at the cost of $2,800,000. 10) The Construction of a $4,500,000 Bulkhead/Seawall at Great Kills Harbor, Gateway National Park, Staten Island. 1983 to Aug. 1984 Bellino Construction Co. Inc. 745 Nepperhan Ave. Yonkers, N.Y. 10701 Acted as the Project Superintendent on the Construction of the Sprout Brook Ash Disposal Site for the County of Westchester, N.Y. 1981 to 1983 Rossi Brothers. Inc. 27 Columbus Ave. Mount Kisco, N.Y. 10549 The Project Superintendent on two NYSDOT Projects in Westchester County, N.Y. 1963 to 1981 Acted as the Project Superintendent on several projects in the NYC Metropolitan Area after having served three years in the Corps. of Engineers, U.S. Army. . I . I I I I I I - I I I I I I Ie I I HJFORt-1AT ION SCHEDI iLF: G Town of Southold Bid Project Solid Waste Haul-Disposal Services The Bidder Agreement project. hereby to use states that the following it haul proposes, if awarded an subcontractors on this 1. 2. 3. 'to 5. 6. 7. 8. 8. Subcontractor/ Contract Individual _JJIjA~_____ Address Phone !l Trade/ Specialties ---------------- -------------- ------------ --------- ------------------ -------------- ----------- ------- ------------------ --------------- --------- ---- ----------------- -------------- ------------- --------- -------------------- -------------- ------------ --------- ------------------- -------------- ------------- -------- ------------------- 10. -------------- ------------- -------- ------------------ Name r: Tully Construction Co. Inc. ~ ------------------------ __________________ Date_~~r~J~~994 horized Signature) ter K. Tully NOTE: If blank not applicable, fill in with N/A Subcontractors BID (PROPOSAL) fORM Schedule 5.0.G I . I I I I I I I {t I I I I I I .. I I The Bidder that are agreement. INFORMATION SCHEDULE H Town of Southold BId Project Solid Waste Haul-Disposal Services states that it owns the following pieces of equipment available for use on the project, if awarded the Proposed Project Use Current Equipment Location Equipment Item _~t!"~_~1iPL~v(_ NOTE: Name of Tully Construction Co. Inc. Bid: to this shall be Date:~~~~~J994 K. Tully Anid supplemental at chments or modifications form shall be labeled Schedule 5.0.H and properlid integrated into the Bid Form. If blank not applicable, fill in with N/A Construction Equipment BID (PROPOSAL) FORM Schedule 5.0.H TUllY CONSTRUCTION CO. INC. TRACTOR FLEET I UNIT IYEAR I MFGR. 1 TYPE . _I TAG NO. I I L D. ORS 1 1991 WHITE GMC OVER-ROAD TRACTOR NY-PD4108 ORS 2 1991 WHITE GMC OVER-ROAD TRACTOR NY-PD4109 ORS 3 1991 WHITE GMC OVER-ROAD TRACTOR NY-PD4110 ORS 4 1991 MACK OVER-ROAD TRACTOR NY-PD4111 ORS 5 1991 MACK OVER-ROAD TRACTOR NY-PD4112 ORS 6 1991 MACK OVER-ROAD TRACTOR NY-PD4113 ORS 7 1992 PETERBllT OVER-ROAD TRACTOR NY-PD8636 ORS 8 1992 WHITE GMC OVER-ROAD TRACTOR NY-PD9187 ORS 9 1992 WHITE GMC OVER-ROAD TRACTOR NY-PD9188 ORS 10 1992 WHITE GMC OVER-ROAD TRACTOR NY-PD9189 ORS 11 1992 WHITE GMC OVER-ROAD TRACTOR NY-PD9190 ORS 12 1993 PETERBllT OVER-ROAD TRACTOR NY-PP4849 ORS 13 1993 PETERBllT OVER-ROAD TRACTOR NY-PP4854 ORS 14 1993 PETERBILT OVER-ROAD TRACTOR NY-PP4852 ORS 15 1993 PETERBILT OVER-ROAD TRACTOR NY-PP4851 ORS 16 1993 PETERBILT OVER-ROAD TRACTOR NY-PP4853 ORS 17 1993 PETERBILT OVER-ROAD TRACTOR NY-PP4850 ORS 18 1993 PETERBllT OVER-ROAD TRACTOR NY-PP4930 ORS 19 1993 PETERBllT OVER-ROAD TRACTOR NY-PP4931 ORS 20 1993 PETERBILT OVER-ROAD TRACTOR NY-PP4932 . ORS 21 1993 PETERBllT OVER-ROAD TRACTOR NY-PP4933 ORS 22 1988 PETERBILT OVER-ROAD TRACTOR PA-AB21526 ORS 23 1988 FREIGHTUNER OVER-ROAD TRACTOR PA-AB22522 ORS 24 1989 FORD OVER-ROAD TRACTOR PA-AB22485 ORS 25 1990 MACK OVER-ROAD TRACTOR PA-AB15468 ORS 26 1989 VOLVO OVER-ROAD TRACTOR PA-AB22523 ORS 27 1989 FREIGHTLlNER OVER-ROAD TRACTOR PA-AB22562 ORS 28 1989 FREIGHTUNER OVER-ROAD TRACTOR PA-AB22521 ORS 29 1988 KENWORTH OVER-ROAD TRACTOR PA-AB22559 ORS 30 1988 KENWORTH OVER-ROAD TRACTOR PA-AB22560 ORS 31 1989 FORD OVER-ROAD TRACTOR PA-AB22484 S 1 1983 MACK TRACTOR NY- TV8164 S 2 1977 WHITE TRACTOR S 3 1988 KENWORTH TRACTOR S 4 1988 KENWORTH TRACTOR t TULLY CONSTRUCTION CO. INC. TRAILER FLEET UNIT IYEAR I MFGR. I TYPE .1 TAG NO. I I I.D. S 100 1991 EAST FRMLS DUMP TRLA NY -62944U S 101 1991 EAST FRMLS DUMP TRLA NY -63482U S 102 1991 EAST FRMLS DUMP TALA NY-62945U S 103 1991 EAST FRMLS DUMP TRLA NY-63115U S 104 1991 EAST FRMLS DUMP TALA NY -62946U S 105 1991 EAST FRMLS DUMP TRLA NY-62947U S 106 1991 EAST FRMLS DUMP TRLA NY -63485U S 107 1991 EAST FRMLS DUMP TRLA NY -63484U S 108 1991 EAST FRMLS DUMP TRLA NY -63483U S 109 1991 EAST FRMLS DUMP TRLA NY -63650U S 110 1991 EAST FRMLS DUMP TRLA NY-63651U S 111 1991 EAST FRMLS DUMP TRLA NY -63486U S 112 1991 EAST FRMLS DUMP TRLA NY -63487U S 113 1991 EAST FRMLS DUMP TRLA NY -63488U S 114 1991 EAST FRMLS DUMP TRLA NY-63590U S 115 1991 TI-BROOK FRMLS DUMP TRLA NY -77301 T S 116 1991 TI-BROOK FRMLS DUMP TRLA NY -77300T S 117 1991 EAST FRMLS DUMP TRLA NY-15816E S 118 1991 EAST FRMLS DUMP TRLA NY-15815E S 119 1993 EAST FRMLS DUMP TRLA NY-14843E S 120 1993 EAST FRMLS DUMP TRLA NY -14842E . S 121 1993 TI-BROOK FRMLS DUMP TRLA NY-14841E S 400 1988 EAST WALKING FLOOR NY-15966E S 401 1988 EAST WALKING FLOOR NY-15872E S 402 1988 EAST WALKING FLOOR NY -15965E S 403 1988 EAST WALKING FLOOR NY -15972E S 404 1988 EAST WALKING FLOOR NY-15971E S 406 1988 EAST WALKING FLOOR NY -15970E S 407 1988 EAST WALKING FLOOR NY -15973E S 408 1988 EAST WALKING FLOOR NY -15873E S 409 1988 EAST WALKING FLOOR NY-15967E S 410 1988 EAST WALKING FLOOR NY-15969E S 411 1988 EAST WALKING FLOOR NY-15968E S 412 1993 STECO WALKING FLOOR NY-11782F S 413 1993 STECO WALKING FLOOR NY -11789F S 414 1993 STECO WALKING FLOOR NY-11785F S 415 1993 STECO WALKING FLOOR NY-11780F S 416 1993 STECO WALKING FLOOR NY-11779F S 417 1993 STECO WALKING FLOOR NY-11781F S 418 1993 STECO WALKING FLOOR NY-11784F S 419 1993 STECO WALKING FLOOR NY-11783F S 420 1993 STECO WALKING FLOOR NY-11786F S 421 1993 STECO WALKING FLOOR NY-11787F S 422 1993 STECO WALKING FLOOR NY-11788F S 423 1993 STECO WALKING FLOOR NY-11778F I S 424 1993 STECO WALKING FLOOR NY-11790F S 425 1993 STECO WALKING FLOOR NY-11793F S 426 1993 STECO WALKING FLOOR NY-11791F S 427 1993 STECO WALKING FLOOR NY-11794F S 428 1993 STECO WALKING FLOOR NY-11782F S 429 1989 PATRIOT WALKING FLOOR NY-11794F TULLY CONSTRUCTION CO. INC. TRAILER FLEET UNIT IYEAR I MFGR. I TYPE -1 TAG NO. I I I.D. S 430 1989 PATRIOT WALKING FLOOR NY-11795F S 431 1989 PATRIOT WALKING FLOOR NY-11796F S 432 1988 PATRIOT WALKING FLOOR NY-11797F S 433 1988 EAST ALKlNG FLOOR NY-11798F . , I . I I I I I I '- I I I I I I .. I I INFORMATION SCHEDULE I Town of Southold Bid Project Solid Waste Haul-Disposal Services The Bidder up to the of Town of hereby states that it will be prepared to dispose of following Maximum Specified Yearly Capacities in tons Southold solid waste if awarded an Agreement Contract Year Maximum Tons per Contract Year 188'1-1885 15,000 tons ------------------------------ 1895-1986 15,000 tons 1986-1997 -_!~Q~~--~~~------------------ _-1~~~__~ns__________________ __1~00~__~~~__________________ 1887-1988 1998-1898 Name of B' er: TULLY CONSTRUCTION CO. INC. ~-~~~~~~~==~~~~~~~~~~~~~==-Date~~~~~~~~~~~~~~~~~~~~ ~K. Tully By: M5ximum 5pecifled CBpBclty BID (PROPOSAL) FORM Schedule 5.0.1 . . . Resource Consetvafion Corp. A Wholly Owned Subsidiary of MID-AMERICAN WASTE SYSTEMS, INC. R. D. #1, Box 305 Caimbrook, PA 15924 Phone (814) 754-4587 FAX (814) 754-4598 . May 23, 1994 Mr. Kenneth Tully Tully Construction Co. 127-50 Northern Blvd. Flushing, NY 11368 RE: Town of Southold Dear Mr. Tully: This letter is to confirm that Resource Conservation corp., located at RD #1, Box 305, Cairnbrook, PA 15924, has the ability and desire to provide disposal capacity to Tully Construction for the sole purpose of disposing the Town of Southold' s Municipal Waste into our "Waste Management Facility", as per the May 1994 proposal. This volume is not to exceed 15,000 tons per year wi thout written approval from the General Manager of the RCC facility. This estimated yearly tonnage amount will be honored during the life of the contract should Tully Construction be the successful bidder. All deliveries will be subject to the rules and regulations relating to and contained in the Solid Waste Permit issued by the Pennsylvania Department of Environmental Resources. Should you have any additional questions, please feel free to contact this office at your convenience. ~;=> Brian W. Grace Vice-President and ~ General Manager cc: File ^ \,tI Prlntlld on Recycled Paper eI. GENERAL A. Disposal sit Location Name: Shade Township Waste Management Facility Address: RD #1, Box 305 Cairnbrook, PA 15924 Phone: (814) 754-4587 B. Disposal site mailing address (if different) Same II CURRENT OPERATIONS e . A. Facility Operator 1. Permittee: Resource Conservation Corp. 2. Permit Number: PADER 101421 3. State: pennsylvania 4. Date of Issuance: August 26, 1991 5. Date of Expiration: August 26, 2001 6. Portion of Solid Waste Permit is enclosed 7. Contact Person: Brian W. Gracey, Vice-President (814) 754-4587 B. Hours of Operation 1. What are the Permitted operation hours? DAY A.M. P.M. Monday-Friday saturday Sunday 7:00 7:00 C 5:00 12:00 LOS E D 2. Are there any PERMITTED closure periods stipulated? No. 3. What are the actual operation hours? DAY A.M. P.M. Monday-Friday Saturday sunday 4:00 11:30 D 7:00 7:00 C LOS E . 4. What Holiday or other periods is the Disposal site typically closed? New Years YES Memorial YES Independence YES Labor YES Thanksgiving YES Christmas YES 5. will the ACTUAL operation hours in Question 11.8.3 be extended up to the PERMITTED operating hours in Question I1.B.l in order to accommodate Town of Southold solid waste? yes, if necessary 6. Are there any local agreements, ordinances, etc. which would prohibi t extending the ACTUAL operating hours in Question II.B.3 up to the PERMITTED operating hours in Question II.B.l? NO C. What is the PERMITTED annual capacity in tons? . Based on permitted daily average 1994 1995 1996 1997 1998 928,200 928,200 928,200 928,200 928,200 D. At the PERMITTED levels in Question I1.C, what is the projected useful life in years? 13 years E. What is the annual RECEIVING level today? 624,000 F. At the RECEIVING levels in Question II.E, what is the projected useful life in years? 17 years G. How much of the RECEIVING level in Question II.E is committed under contract tons? . 1994 1995 1996 1997 1998 2,000 2,000 2,000 2,000 2,000 . . . . "' H. D088 i:M ~.1 sibllla- lIJMIOial ...t41 ~uicrUo_ tOZ'I 1. con8ttuctlon/De~litlon No 2. AsbeStoe Yes ROO does not aooept rriable .sbaato. 3. Wastewater 'l'reat.ent SlUdqe Yes Form 43 requlr.-nta 4. Ha.ardous Wa.te Y.. ROC does not. aooept. dY hal.rd~ waste 1. Are tIUU:'8 any ed.atincJ .eqy-'ts .U:11 100II1 amlo1paliti- wblCh proIdbi t: :Item 1. RoutinG' to site .0 2. Welqbt liait.s betwHn state lWads and site il'o 3. Number of Vehicles HO 4. Vehiole Si.e IfO 5. SOUd Waste ~OZ'tat1cm outside juri otion ar.. RO 6. Host cQJUlunity Benetits YES lU. DPAllBlCBI PLAIIS A. Rone at the pres~ ti.e. B. \fot app1ioable. . C. Rot applioable. D. .et applicable. B. Bldde1:"S Dlspl8a1 S1~(s) J:n1Jl..... of MaDEd CQA 263 w_t SOuth sueWl: carllsle, PA 17013 s. JeUrr/ BUlle_ (711) 245-9100 I . I I I I I I I I I I I I Ie I I INfORMATION SCHEDULE J - (Continued) IV. ATTACHMENTS Attach copies of all permits required of the disposal site(s) and a copy of the agreement, performance bond and insurance between bidder and permit holder to use the disposal site(s) during the term of this Agreement. Are you willing to meet with the Town of Southold to discuss your short and long term disposal capabilities? Yes~_No _____ The undersigned hereby certifies that services, material, or equipment to be furnished as a result of this bid will be in full accordance with Town of Southold specifications applying thereto unless exceptions are indicated above and an explanation attached. Bidding Company TULLY CONSTRUCTION CO. INC. --------------------------------------- Address 127-50 Northern Blvd. ------------------------------------------------ flushing, New York 11368 -------------------------------------------------- City State Zip B Peter K. ully, Vice President y--------------- ----------------------------------------------- (Please Pri Type) NAME AND TITLE Phone No. Date May 26, 1994 ------------------------------------------------------------ CORPORATE SEAL Bidder Solid Waste Disposal Site(s) BID (PROPOSAL) fORM Schedule 5.0.J Page 7 of 7 RESOURCE CONSERVATION CORP. A Wholly Owned Subsidiary oi . MID - AMERICAN WASTE SYSTEMS OF PA, INC. * Shade Township Waste Management Facility Solid Waste Permit No.1 01421 ,) . R.D. #1. Box 305 Cairnbrook. PA 15924 (814) 754-4587 Serving Your Waste Disposal Needs With Safe Cost-Effective Waste Mangement YARD WASTE COMPOSTING SEWAGE SLUDGE MUNICIPAL RESIDUAL RECYCLING :-:- _..~Ji'!e ~IJ,~ Township Waste lVIanagement. Facility la~dfill.locat~ ,in ~.hadeT()wnship._So,!!er~S2~!m" PAi;; ,"" .' :".,.-, one Of the newest and most advanced solid waste disposal facilities Inthestate. Deslgn~to meet or exceEid ... . state and federal guidelines. the facility will provide a safe means of dealing with solid waste iSsues well into the next century. , Resource Conservation Corp. is a company that is dedicated to sound community rera~n~ and. more' importantly. it is a company that is commited to preserving the integrity of the environmerit~ ~t:: -;;--::;-':'-~~;::':':": - -.- --~ ._ PT"_.' -.-;-.......#~--- ,--. - "---...- -:.~-~-- " - ;::.~~;:;;~~;~!.~;~~: ~.o.: L-'-_CIlITY DESCRIPTIO!"<-S . 5.03.1 General The ::=llowing is a na=ative description of t..'le Resc=ce Conser-Tat::.cn Corp Land::ill, (whicl:l is a Subsidiary Company of Mid.-Ame=:.ca::l Waste Systems, Inc.) - O~ ~ .. - , .,.,- -'-- Resource Conserntion Corp Landfil1 T::e :?escu::-ce Conse::-vation C:::rp Landfill (RCe) is lccated d:.=ac-=ly !':cr't-~eas"t of Cant.=al City in Scmerset C01..L."""lty 1 Per....'"'lsylva::.ia. The Lanc.=ill and all its facilities are nestled sec~ely ,~ the hills of the s-::a te I s Southern Alleghenies Region ar:d isolated, visually and audibly, from densely populated e:::-eas. By virtue of i",=s stata-of-the-art design, . whioh. incorporates a double synthetic line:::- system and a Gunseal composite; independent collection, transmission and treatment facilities for both leachate and groundwater; on- site cover material supplies; paved access roads; extensive stormwater management and erosion and sedimentation control facilities ; a drained-impermeable capping system; a comprehensive plan for the mitigation of disturbed wetlands; and complete closure and post-closure plans, the RCC Landfill provides an ideal opportunity to dispose of municipal and residual solid waste in an environmentally safe facility. The design of the Rce Landfill was carefully developed C-" iJ over a six (6) year period by a teem of design professionals --..' to ensure that its facilities ~ould continue to function in an . ~ , . e~~:=a~=e~~a_~y safe ==~a ever i~s e~~~=2 c~s~;~ life s;a~ of t-"en-cy (2 C) years. RCC's permi-c ~as issuec August 26, l391 and. began =sceiving was~= on Aug--..:.s"t 31, 1992 ~ - To fur~~er ~eet this end} :?..C::: has develcped its C~s=ating Plan to incorporate c=~~rehensive and exte~sive monit:=ing and safety procedures fc~ air ~..:.ality control and moni"t.::ri1'lgi ground-Hater monitoring ane. t:-aa~==::-:.; noise, Ii -=-=== anc:. ":Te.C~C= cont=c 1 and abata!::.enti e:::~.:.cyee ~=aining i .....;asta p2.acenent and. compac--::ion of !:la~==ials j ccnstZ'ucticn q'.lali.7.Y assurance; e!Iler~ency p=2;a=a~~ess; landfill ~as collsc~ion and fla=ingi sc=ee~i~g testing a::: monitorin~ of waste :nata=ials anc. handling of special "'~-astes. In ac.dition, t=.e t-,.;o on-site treat::lent facilities shall be on line by Oct:::ber 1992 v;hic:: will put: our Waste M~"agament Facility in full operation, '.The Shade Township Waste Management Facili ty has a pa..'"ll1itted capacity of ~3 million cubic yards with expansion capabilit'I in excess of 60 million cubic yards. The daily handling capacity of the Facility is 2,000 tons per day with a pre-approved volume increase to 3,000 tons per day which could comfortably accC1IIlIIodate the aSh/residue from the NYCDOS. Materials being disposed of on a daily basis at the landfill =e as follows: Municipal Solid Waste, Demolition Waste, Wastewater Treatment Plant Residue (sewage), Asbestos Containing Wastes, Petroleum Contaminate Soils, Water D:'eat:nent ?lant Residue' (municipal), Water Treatment Plant Residue (~.dustrial) , Foundry Waste, Flyash/Bottom Ash, \ \ Re.:=:=.c't.~:::--,. (.;aS~2, R>...:z:::s: ~'ic...s-:'2, C~.:=.:::::.: ~';aS~2. I:l ac.e...:.. "':..:..'=~ -~ ~- t::.= abcve :=entioned .~as~; s~:-eal::.S I a :najor pe==.i.t modification . has been submitted to t~e Pennsylvania Departnent of Environmental Resources for approval on numerous other waste :materials. The following is a summary cf the regulatory requirements applicable to ~~e facility that is mandated by ~~e Pennsyl vania Depa~::lent of Environmental Resources: (al Municipal Waste Pe~it (10142~) - Issued 08/25/91 expires 08/2S/2001 (bl Earth Disturbance C~. 273 &: Ch. 102 06/19/93 Pe~i~ (5S87803) 06/19/91 expires Water Obst~~ction and Encroac=ment Permit Chapter 105 Permit (ESS- 151), Issued OS/19/91 expires 12/21/93 NPDES Permit fcr Underdrain and Leachate Treatment Facility (PA0097l10l - Issued 08/25/9l No ExpUation BWQM pe-.""lIlit for Underdrain Treatment Facility (5587202) Issued, 08/25/91 expires 08/26/93. (f) BWQM PerJIlit for Leachate Treatment Facility (5588201) (q) Air Quality Control - General (55-305-042) Issued 12/31/91. permit to expire 6/30/92. Source Perini.t operating 2 . W'etJ.ands Permits: L~; ~ --..:-. (a) Clean Water Act Section 404 pendt to place fill in wetlands (Corps o~ Engineers Per.mit HO. 88005.) Issued (signed) 02/11/91 azp~ 12/31/2002 -....,,- (=) C::.a;:7:.2':: :.:: -r'i2.<:~= -:::2-:='':':-:'':'-=:-. Pe=~.:.~ ( "':"~ ~_, '::: 4 \ __c ___I ::ss-.:ac 06/:9/9: . expires 12/2:'/93 (c) PA Code C~apter 102 Compliance Reviews of Soil Erosion and Sediment Control Plan (all mitigation areas) See: Eazth Distur:::ance l?e=it Application No. 5687803. (d) Clean Wa~er Act Sec';:ion 401 Water Quality Certification (NN30) See c':r? 0= ::=::';-:':leers Per::1it 88005. (e) Clean Water Act Section 404 Wetland Jurisdic';:ion confi~ations (all mitigation areas) See coX? of Z:~ineers Pe~it 88005 (f) Chapter ~05 Dam Safety Permit (statler St. and J.T. Mitigation Sites) D56-11S, 119, 120, 121) Issued 08/26/91, i~ wor~ is not initiated by 12/31/91, permit extensions will be required. , . (g) Bureau of Mining and Reclamation Authorization to Mine (Willie Will mitigation) (1-02700-56763036-02) (h) Bureau of Mining and Reclamation Water Obstruction and Encroachment Permit (Willie will mitigation) (4176SM4-E-l and S6763036-E-1) eL) Bureau of Mining & Reclamation surface 1\fhting Permit (Willie will mitigation) (lIfO. 56763036) ej) .Bureau of Mining & Reclemation Surface 1\f;n;,.\g License (Willie Will mitigation) (~-02700) 3. . Shade Townshitl Permits: Re~ation under Shade TownShip Orn;n~"ce #65 c it The attached Form C evidences that all regulatory r~em~~ applicable to the facility are in compliance ~. - ,intO- their full entity and demonsttata Rce's credi.bilLty-. ._~"----- . Resc'..:=:::.a C.:nser.la ~:..c:-: c;:r:;:. :'5 a. ~hal.l.y cwned su=sidia=-I of Mid-.;mez:-:..car:. Nasta sys~as of PA, Inc. - !:.- . .::;:;~, -<'--~ .'~:~~- ~~:~~- . '-~~:' )1:~~' c:::?=.$TOP~ L. w..::..:..Tl::, P1U:S::=::nI'l'jllnu:CTOR 55 #293-54-2017 1006 Walnut st=eet, C.anal W.:..nchest.er, OE 43~~O o~m=s P. nLllU1Ui, V!O::;: P;U:S =::l:nl'l' j SEC:U:T1'...~ Y j~~V?.:::;tj!l:r:u:CTOR 55 #275-52-2277 10 C 6 ~,qalnut Street 1 C.anal W':..~chestar I CE 4311.0 R=,-,.::...~U A. nDons, SZ~-Z':'llY 55 #:97-46-4146 lOC6 Walnut st=eet, ,n., v=::::: ?5.ZS!D~/~SJ:ST.d..'lT --' . .,.., .:::c::.es-:a.r I OE canal 43110 :c~~r=.s w. HAR~:E:':'~= I V!C~ ::?~ZS!D~ 55 #:'78-36-6772 J 23 '7 Gulf Tow.er, 707 Grant St=eet, Pit-=sburgh, PA 1523 9 B~ 'if. GRAC::;:Y, VICl:: P1U:Sz:l:nl'l' 55 #:'92-46-4372 RD #:.., Box 305, CaL."":lbrook, PA 15924 MID-AHEltJ:Cll' WASTE SYSTDS, DlC. 31.-U.S1.91.7 '", MID-AHEltICll' WASTE SYSTDS OJ!' PA, :ore. USOlmCE CONSER~:tON COlU'. 2S-l.S90S71.. 25-1507986 i. , ! . ( - (- . ... -.-.... ~ RESOURCE CONSERVATION CORPORATION SHADE TOWNSHIP WASTE HANAGZMENT FACIL.J.'"TY GENERAL SITE ill /'"1:Jf<~TION Municipal and Residual Solid Waste F~cility Application Filed: February 26, ~987 Permit Granted: August 26, 199~ Total of 17- Federal, State and Local Permits Site Ac=eage: 798.78 Acres Permitted Acreage: 703.92 Acres Permitted Waste Disposal Area: Landfill Area A: Landfill Area B: 1.1.3.83 Acres 64.98 Acres 48.85 Acres permi tted Airspace: ~2 , 942,722 yd' Anticipated Life: Twenty (20) years minimum Permitted Daily Volume: 2,000 Tons Daily Average 2,425 Tons Daily Maximum Pre-Approved volume Increases: 3,000 Tons Daily Average 3,750 Tons Daily Maximum 54 On-Site Monitoring Wells Two (2) On-Site Treatment Facilities $1.5.8 Million Closure Bond Construction Activated - October ~991, Anticipated Opening Date - June ~992 ......"-.h_~.'..... -.. -:........-,. ""'~J.'II_ . '"""Ii '1 ---.~ "1J: - ~ "17 .' . RESOURCE CONSERVATION CORPORATION A<..:.l'.l.V~ PERMITS L Permits sought in DER Permit Application: (a) Municipal Waste Permit (101421) - Issued 08/26/91 expireS 08/26/2001 (b) Ear"".2l. Disturbance Pe=it Ch. 273 & Ch. 1 (5687803) 06/19/91 expires 06/19/93 o -2 (c) Water Obstruction and Enc:::-oachlllent Permit Chapter 105 pennit (ES6-1S1), Issued 06/19/91 expires 12/21/93 (d) NPDES Pe=it for Underdrain and Leachate Treatment Facility (PA0097110) - Issued 08/26/91 expires ( e) BWQM permi t for Underdrain Treabnent Facili ty (5687202) Issued, 08/26/91 expires 08/26/93. (f) BWQM permi t for Leachate Treabnent Facili ty (5688201) Issued 12/19/91 . (g) Air Quality Control - General Source Permit (S6-30S-042) Issued 12/31/91. Temporary operating permit to expire 05/31/92. 2. Wetlands Permits: (a) Clean Water Act Section 404 Permit to place fill in wetlands (Corps of Engineers Pe=i.t NO. 88005.) Issued (signed) 02/11/91 expires 12/31/2002 ... (b) Chapter 105 Water Obst..'"Uction Permit Issued 06/19/91 expires 12/21/93 (E56-151) (c) PA Code Chapter 102 Compliance Reviews of Soil Erosion and Sediment Control Plan (all mitigation areas) See: Earth Disturbance Pe=i.t Application No. 5687803. (d) Clean Water Certif ication 88005. Act Section 401 Water Quality (NN30) See Corp of Engineers permit (e) Clean Water Act Section 404 wetland Confi=ations (all mitigation. areas) -- Engineers Permit 88005 .----- - Jurisdiction See Corp~ _~_f ,a" . .-j "~'-. r -- . k92re0217 8 .. (f) Chapter 105 Dam Safety Permit (statler Mi tigation Sites) D56-1~8, ~~9, 120, 08/26/9~, expires ~2/31/92. St. and J. T . ~2~) Issued (g) Bureau of Mining and Reclamation Authorization to Mine (Wi~~ie Will mitigation) (~-02700-56763036-02) (h) Bureau of Mining and Reclamation Water and Encroachlllent Pennit (Wi~lie Will (4~76SR4-E-l and 56763036-E-~) Obst:ruct.ion mi tigation) (i) Bureau of Mining & Reclamation Surface M~ning Permit (Willie Will mitigation) (NO. 56763036) (j) Bureau of Mining & Reclamation Surface Mi.ning License (Willie Will mitigation) (1-02700) 3 . Shade Township Permits: Registration under Shade Township Ordinance #65 . ... .....~--..~..~ .~ .. .1. i~r '1V ~. j. "L ,_....:..:... fiT .- LJ. 1111 .~ ... ( ~:". . k92re0217 9 . ~ - -.......--..-...... .._~------. _.-,,' i. \, CORPORATE OFFICERS CKRISTOPHER L. W~:!TE, PRESIDENT/DIRECTOR S5 #293-54-20~7 1006 WAL'roT S~' "J:, CANAL w:rnCHESTER, OR 43110 DENNIS P. WILBtJR..'f, VICE PRESIDENT/SECRETARY/TREASURER/DIRECTOR 5S #275-52-2277 1006 WAL'roT STF- "J:, CANAL WINCHESTER, OR 43110 RICI:tARD A. WIDCERS, JR., VICE PRESIDENT/ASSISTANT SECRETARY SS #297-46-U46 1006 WAIJitlT STREET, CANAL wniCHESTER, OS: 43110 DENNIS W. MAR~""'J:r, VICE PRESIDENT 5S #178-36-6772 795-20 PINE VALLZ'.! DRIVE, PITTSBURGH. PA 15239 BlUAN W. GRACEY, VICE PRESIDENT SS #192-46-4372 RD 11. BOX 305, CAIRNBROOK, PA 15924 MID-AMERICAN WASTE SYSTEKS, INC. U-1.16191.7 !aD-AMERICAN WASTE SYSTEMS OF PA, INC. 25-1590671 RESOURCE CONSERVA'l'J:ON CORP. 25-1507986 .-,.-,'- . '.~.'''C.,... "'~~_;'''.'h''':':''~ J il JIi__ ",'_'Jf -- -r:CMMONweAlTH OF l'eJIINS'Yl."ANIA ~p^nTMeNT OF ~VIRONMENTAL R'ESOURC~g aUn'EAU CF ','YAS-rE MANAGE?'IIENT ?sn:~it Fer Solid 'Naste Disposal and/or Processing Faeilit-r FORM NO.8 ER-'."!M-": "n. use . r I I I I I . I I I c."IlIt'.... ""',. ., \. ... - . . pgrmit No. Da Ie Issued D~t.. Expired 101<121 AUGust AUGust 26. 1991 26. 2U01 Under th9 proviSions of the Pennsylvania Solid Waste Management Act of July 7. 1980, Act 91, a permit fer a solid waste disposal andlor processing at (municipality) Shade Towns"; P is gr;:;nted to (appiicant) laddress; in the County of Somerse t Resource conservation Corooration . n.D. il, Box 3U5 Ca I rnbrook. PA 15924 This permit is applicable tel the Facility facility named as Shade iowns/1i p Waste Manaqement and described as: La t ;tude ~ Long; tude: 40. 07' 24'1 78. 47' 10" This permit is sUbjatt" to hiodification, an1~ndli1el1t and supplement by the Oepartment \ of Environmental ~fseuteeS and l~ ftJtthet subjeot to tevocatiOI1 at suspension by the Department of EnVli'o;utitlnt~i R~!iJutca4 ~ot ~ny violatlOl1 nr the ap~licabl. laws or the rules aryd regufatldliA ~dopted thElreut1dll:, fot. ~aill1re to comply lh whole or In part with I the conditions of tlil~ l'ett11lt aNd tM ~ttMSlomJ !lilt fotth itl thE! a~pllc~otl no. 101421 .. which is made a part hereof, or for causing any condition inimical to the public health, safety or welfare. See attacnment for waste limitations and/or special conditions I?I .1-<-4 fJ~ ~ THE DEPARTMt:NT OF ENVIRONMENTAL RESQURCES ..- . r-: -',..-. ..:'t...,.-;..... -. - ....~...._" ~..:;.-- -- THIS PEl'lMfT IS NON- TMNSl'ERABU Page --1- of 35. . . 7;"""'S-'.'-'~ '.' :;~ .'. COHMOHWEJ~LTH OF PEHIlSYlYANIA :~=.\P.T)lE'1T OF ~'I'Ir;lOHHE'Ii',l.l R::",m:,CES S\]R:::~,U fj(= :~L:J '~~S"7::: :J;";;"~c:J::';-;- SOLl O';ASiE FO>U, ~iG. S Perm! t For So11d \laste Disposal and/or Processing Facili ty Under tile provisions of the Pennsylvania SolId \laste Management Act, the Act of July 7. 1980, P.L. 380, 35 p.S. i6016.101!! sea., Solld Waste 1'ermH Humber 10142.1 Is issued to: Resaun:e conservation Corporation. R.O. fl, Box 305, Calrnbrook, 1'A 15924 for the operation of a municipal waste landfi 11 1n Shade Tc',mship, Somerset County. 1. This pennlt 1s issued ln response to Solld \laste Management Application No. 101421 dated July Z. 1991. Subsequent revisions and addendum(s) are approved by the Oepartllent and are a part of thls penni t. Z. Thls pennlt 1s issued in accordance with the Solld Waste Management Act, the Act of July 7, 1980, F.L. 3BO, 35 1'.5. i601B.101 et sec; Municipal \laste Planning, Recycling and waste Reduction Act of 1988. 53P.~!4000.101 et ~.; Air Pollutlon Control Act of June e, 1960, p.L. Z119, 35 P.S. !40liT et sea.; the Clean streams Law, Act of June Z2. 1937, P.L. 1987. as amended and the r~gula- tions promulgated pursuant to these acts. 3. This pennit 1s issued in accordance \11th 25 Fa. Code H2il, Z73 and 265 for i07.15 acres as shown on Phase I Drawings R2. RJ, R4, and R4A, revised June, 1991 and described as ~e permitted facility area. The sHe utl1lzes 60 mil HOPE as the primary and secondary !lner. This permit authorizes the dlsposal of municipal, construction/demolition, and residual waste. Ho other'liastes sha 11 be accepted at thh s1te unleSS specH1 ed by pennlt condit10n or by prlor wrItten permit amendment. Acceptance of hazardous waste as defined by 25 Pa. Code 5251 1s prohibited at this site:, 4. This approved appl1cation consists of the following documents: Form Ho./Letter Form THie Application for Munlc1pal Waste permit profess10nal Certlflcation ApplIcation Form Certl f1 cat Ion DatI! (RevisIon) 5/8S; Rev. 7/91 8(89 1/91 F'orm A F'orm 8 Form 81 THIS PERMIT IS NON-TRANSFERABLE Page -L of 35 ~,.: ~ -:co ,,:.;.:.'. . ..... ~.: . .... ~.~ ~ ;fi - ~ It.. . --.""".-.,: .1" L lI:n:tO.rID.IIIJUU -DIU ~nu c .--~.u.~';l,J.1 m.. 1'ECHNJ:CAL INFORI'I1ATION ~ .......,:, ''', ~:r;':;;~;;".';-- . A. p:-ovide a detailed d~-:iPricIl of -~ac~ of tlle follcwi::.2 technic:ri [ea::.:.res fer the Disposal Site. In::ach c:lSe, pleo..se note my deviation from the Minimum ConstrUCtion Requiremellts noted in Section 5.5.4. 1. Liner Systems: 60 mi 1 H.D. P. E. primary and secondary, double laYered qeonet detection zone, one foot mi.n. 108 sub-base 2. St;bsurface Foundation and Groundwater: Approximately 4' processed soils for sub-base. Min. 8' seperation to hIgh regional water table. 3. Lenc:b.ate Collection and.Treatment System; 6" H. D. P. E. 3 zone existing liner system thru dual containment 8" H.D.P.E. pioina for conveyance to holding basin.to on-site treatment 4. Gas Venting: Active (vacuum), extraction wells 200 I centers to flaring pads. S. MonitoringSystcm: 24 groundwater wells monitored quarterly 6_ 00= Plan: 40 year monitoring period after closure,: $15.8 ctosure bond. .~ ~ TnTOI ~...,., , ~.;" ~::-~ . . :..... ..~. -,. - .' I; i ", ......c........ I (lnioanaticn Bid Form B - Continued) I \ i I 18.5 Years &!'ected Site Uic at anticipated rece:-ling rate: . Engineering Contact; F JIm: Pau~ C. Rizzo & Associates Address: 300 Oxford Drive Monroeville, PA 151A5-2343 ContaCt: Deb-Lange-Kennedy Phone: A 12-856 - 9 700 . ;......... TnTQI p ~, . ~ Contractor: Tully Const. Co., Inc. 'Ask Us' . ~.'.l! &~~: ~INSURANCE Fuller & O'Brien. Incorporated. Surety Bonds & General Insurance, PO. Box 1099, Albany, New York 12201 Phone: (518) 463.3181 Processing Date: Bid Date: Carrier: Owner: Town of 5-23-94 5-26-94 Express Southold, NY I Mr. Kenneth A. Tully Tully Construction Co., 127-50 Northern Blvd. Flushing, New York 11368 Inc. Project: Solid Waste Haul- Disposal Services L I , ~ E,CP,: $2,300,000.00 B, B, Amount: $100,000.00 Co,(s) Reliance Gentlemen: Enclosed you will find 3. :,id bond in the required amount cO\'t'ring the above captioned project. Kindly have the appropriate parrics ;ign as indicated below. Please :1otify us of these bid results at your earliest convenience. . Fuller & O'Brien, [nc, ~ \'j / B' lag Signatures Required: Timothy . Tyrrell Additional ReqUIrements: Kenneth A. Tully, President . , . ' . INFORMATION SCHEDULE K FORM OF BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, TULLY CONSTRUCTION CO., INC. the undersigned, as Principal, and RELIANCE INSURANCE COMPANY as Surety, are hereby held and firmllJ bound unto TOWN OF SOUTHOLD, NEW YORK as Owner in the One Hundred Thousand and No/IOO----=--- sum of ($lOO,OOO.OOL.=:=:..-=-.:.::==::--==:::.:.._________ for the payment of which, will and truly be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed this 26th ----- day of -~~----------------_. lS--2i. . The condition of' the above obligation is such that whereas the Principal has submitted to the Town of Southold a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writin~. for the hauling and disposal of solid waste; NOW. THEREFORE, . . (a) If said Bid Shall be rejected or in the alternate, (b) If said Bid shall be accepted. and the Principal Shall execute and deliver an Agreement in the form of the Sample Operating Agreement attached hereto (properly completed in accordance with said Bid) and shall furnish certificates of Insurance and a bond For this faithful performance of said Agreement, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Acreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remaln in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder Shall, in no event, exceed the penal amount of' this obligation as herein stated. Form of Bid Bond BID (PROPOSAL) fORM Schedule 5.0.K Page 1 of 3 . The Surety, for value received, hereby stipulates and agrees that the obligations of said Suret~ and its bOnd shall be in no way impaired or affected by an~ extension of the~time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. "IN WITNESS WHEREOF, the Principal and the SUrety have hereunto set their hands and seals, and such of them as are corporations have caused their Corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. TU LY CONSTRUCTION CO., INC. . -. a /~ --- (L.S.) Pri cipal Kenneth A~:-Pr';Sident- RELIANCE INSURANCE COMPANY sur~- By: V{~ -r:-M.-~lWtto~ey-j";;=-F~------- Address of Surety; --L!:~ent~aza,_ThiladeW>ia.....N_!.2.!..9l__ SEA.L (ACKNOWLEDGEMENT BY CONTRACTOR, IF A CORPORATION) STATE OF": NEW YORK ----------- ) COUNTY __~~_________. ) SSN: ---------- Form of Bid Bond BID (PROPOSAL) FORM On this ]6t!: day of ~7"M-----------' lS~~. bp.for'e me personally came ,_K~~=.:.~.:~.L~~____, to me known, who being duly sworn, did depose and say that he resides in Plandome Manor, New York 'that he is the PresideUF--- of -~ TULLY CONSTRUCTION CO., INC. corporation described-in and whiCh executedthe-'-foC:-egoIng- instrument; that he knows the seal of the corporation; that the seal affixed to the instrument is such corporate seal; that iL was so affixed by the order of the Board of Directors of the corporation; and that he signed his name there~g by ke order. Notarl/ Public -Albany Cou ---- Comm. Exp. 9-30-94 Schedule 5.0.K Page 2 of 3 . . . . (Ae COUNTY BY CONTRACTOR. IF A PARTNERSHIP) ) _____________) SSN:______________ On this _____ of . 19___. before me persona lly cam __. to me knouln, and known to me to b a member of the firm of ______________________ and known to me to be an individual described in. and who executed _the for oing instrument in the firm name of . and he duly acknowledged to me that he executed the same for a in the behalf of said firm for the uses and purposes mentioned ein. (ACKNOWLEDGEMENT BY INDIVIDUAL STATE OF: COUNTY On this day of ______. 19___, came _________:..._______. to me be the person des~ribed in and who execut instrument and duly acknowledged that he executed fore me personally nown and known to the foregoing he same. Notary Public Form of Bid Bond BID (PROPOSAL) FORM Schedule 5.0.1< Page 3 of 3 " RELIANCE INSURANCE COl>w1:PANY . State 01 New York. County of On this PHIlADELPHIA, PENNSYLVANIA PRINCIPAL OS ACKNOWLEDGEMENT-IF INDIVIDUAL OR FIRM as: day 01 .19 . before me personally came to me known 10 be (\he individuan (one of the r..... of ) described in and who executed the within instrument and he thereupon duly acknowledged to me that he executed the same (as the act and deed of said firm). Notary Public PRINCIPAL OS ACKNOWLEDGEMENT-IF A CORPORATION Stale of New York. County 01 Onthis 26th Albany as: day of May .1994 . belore me personally came Kenneth A. Tully to ~who be. by duty d and Thalhe--'~ I Plandome Manor, New York me . Ing me swom. eposes says: .~es n thaI he is resident 01 TULLY CONSTRUCTION CO., INC. \he corporation described In and which executed \he within Instrument; thaI he knows \he seal of \he said corporation; thaI the seal affixed to the said Instrumenl is such corporate aeal; thalli was SO affIXed by order 01 the Board 01 Directors of the said corpomli:>n. and thaI he signed his name 10 the said instrument by Uke order. Alb any County Comm. Exp. 9-30-94 SURETY COMPANY'S ACKNOWLEDGEMENT (J~ / ~O"~ Notary P Ii State of New York. County of Albany as: On \his 26 t h day 01 May. 1994 . before me personally came T. M. Tyrrell to me known. who. being by me duly awom, did depose and say: ThaI he resides In Albany, New York ; thaI he Is AlIomey-in.fael of \he R8.JANCE INSURANCE COMPANY. \he corporation described In and which executed the loregolng instrument thaI he knows the corporate aeaI of aaicI company; thaI \he aeaI eIlixed to said Instrument Is _ COIpotllle seal of said c:ompeny; thai it was so allixed by \he authorlly are.- to him In acc:ordance with \he by-laws of aaId COIporatiu,l; lhal he signed his .:- ~ by like authority; lhal\he Superintendent 01 lftaurance ol\he Slate of New York has, ~ to Chaptat 882 ol\he laws 01 Stele of New York tor \he year 1939 coaftJting Q1apIer 28 of \he ConsoUdated laws of \he Slate ol New York known as \he Insurance w. Isaued to \he RElJANCE INSURANCE COMPANY his c:e<Illicale lhal said c:omp8II)' Is quallfied to becol418 SUlely or ll\llII1Ii1toron all bonds, undertakings, recognizances. guaranlees and _ obligations required or permitted by law; and lhal such c:ertificate has not been revoked. . Albany County/) N Comm. Exp. 9-30-94 ~/ ~. tary IC ASSETS Cesh ~ Bank Deposits .................... $ (3.181,362) Securities . h... . ... .... .. ... h . ... h. .. .. . 3.139.765.232 Premium Balances (under 90 Days) ........... 9.541.012 Accrued Interest and Dividends..... _. _ .. .... . 34,229.633 FedetallncomeTaxes ...................... 16.180,386 Other Assets .............................. 1.402.866.039 T oIaI AdmiUed Assets ..................... $ 4.599.400.940 FInancial Statement December 31,1993 UABlUTlES losses and Loss Adjustmenl Expense ......... $ 2.519.849.366 Unearned Premiums .................. _ .. . .. 703.528.575 Other Taxes ........ .. .. .. .. .. h . .. h .. . . h 6.527.322 OIherliabolities . ...... ..................... 462.213.282 Total liabilities .... h..................... $ 3.692.118.545 State 01 Washinglon County 01 King ss. CAPITAL AND SURPLUS CapilaI Paid Up ............................ $ Surplus .......... ........................ T olal Policyholders' Surplus . h _.. .. . . .. .. .. T olal liabilities. Capital and Surplus ............................. $ 4.599.400.940 664.255.197 243.027.198 907.282.395 Lawrence W. Cartstrom. being duly awom. says: ThaI he Is VICe P.~ 01 \he REUANCE INSURANCE COMPANY; \hat said company is a "<:orpo<a\ion duly organaee!. elOsting. and ~ In __ _ . auoety by WIue 01 \he laws 01 \he Commonwealth 01 ~ and has duly complied with .u \he requirements 01 \he laws 01 said _ ~ \0 said company end is duly qualified \0 ect as surety under such Iawe; \hat said company has also complied with and is duly qualified \0 eel as surety under \he Act 01 Congress 01 September 13, 1982. as amended (31 u.s.c. S9301 el &elU thallhe lotagoing is . 1uI~ lnJe and comlcl "'_1 01 \he financial condition 01 said company on \he 31st day of December. 1993. ., Dnn .............,. .NU.. L..JV;J.!_0 CASUALTY IN:::tUt(AN~t:. BINDER It LIBERTI MUTUAL. WITH RESPECT TO GL COVERAGE. THIS POLICY PROVIDES 0 Claims Made rn Occurrence I .RED ~pp A tt.!H"hl=lrl Li~t ADDRESS Pending the issuance of the policy or policies of the type or types described below, LIBERTY MUTUAL INSURANCE GAOUPagrees to insure the insured, but only for the coverages indicated, in accordance with the provisions of the policy or policies in current use by it. The limit of the Company's Liability or Amount of Insurance against each such coverage shall be stated herein, subject to all the terms of the policy having refer- ence thereto. and no insurance is provided for coverages for which no such limit or amount is stated. Issuance of the executed policy or pOlicies voids this binder as of the effective date of such policy. This binder may be cancelled (1) by the company by written notice to the insured at the address shown above stating when thereafter such cancellation shall be effective, or (2) by the insured by mailing written notice to the company stating when thereafter such cancellation shaH be effective. This binder shall be effective on 5/05/94 at 12:01 A.M., and unless previously cancelled, shall expire on 7/04/94 at 12:01 A.M., Standard Time, at the address of the insured. POLICY POLICY NUMBER TYPE OF POLICY LOCATION LOCATIONS TO WHICH BINDER APPLIES SYMBOl. (TO BE ASSIGNEO) NUMBER TP Owners' and Contractors' 3.6 miles of asphalt concrete .resurfacir is Protective Liability on Route 1-678 Queens CounJ:y.. , ~'0~ Contract #D256067, \ \\ . ~ /\ ~).. (.^~::;. '0~-~ \, ""~- &" ..... ;{':'.. ./r. \}.>~, \~ \,l>..;.. '-.0/ ., , , / IMITS OF LIABILITY FOR WORKERS' COMPENSATION, EMPLOYERS' LIABILITY AND GENERAL LIABILITY : "-, ORKERS' COMPENSATION AND POLICY SPECIAL PROVISIONS OR AMOUNTS OF INSURANCE FOR OTHER CASUAL TY\~Ot16ES EMPLOYERS' LIABILITY SYMBOL STATES COVERED LIMIT OF LIABILITY - COVERAGE B DESIGNATION OF CONTRACTOR: BODILY INJURY BY ACCIDENT . EACH ACCIDENT Tully Construction Co., Inc. BODILY INJURY BY DISEASE 127-50 Northern Blvd. . POLICY LIMIT Flushing, NY 11368 BODILY INJURY BY DISEASE . EACH PERSON ~ BI & PD LIMITS OTHER LIMITS POL LOe. GEN'L AGGREGATE PRODUCTS/COMPo FI RE LEGAL * MEDICAL * PERS/....DV. INJURY SYM NO. Other than Prod/Comp Op OPS AGGREGATE EACH OCCURRENCE LIAS. Per Fire PAYMENTS Per Person or Org. TP I 2,000,000 1,000,000 DEDUCTIBLE Retroactive Date is as defined in the policy and is the same as the effective date unless otherwise stated herein. $ RETROACTIVE DATE: 1* Subject to occurrence limit. This binder when duly countersigned is issued on behalf of LIBERTY MUTUAL INSURANCE GROUP, herein referred to as the Company as respects the indicated coverages under forms customarily written in such Company. . Approved By: Jim Wenhold - Lynbrook BAD Liberty Mutual Insurance Group ~2v~ti...L.c~,-.~..~~... .... ~.. "e""A", I ~,,,,,"UU:~~Q"ni'Q" By Authon'" R,p~Qt t . _ ___ _ ___ O~;~.~,",;~" e ^ SALES REP AND SALES OFFICE Gault 216 POLICY ISSUING OfFICE I NEW OR REN. New Castle I New TYPED BY OATE TF I 5/12/94 Liberty Mutual Insurance Grouo NV.. L. v) V...) _1_ L. CASUAL TV IN~URANCE BINDER LIBERTY re MUTUAL~ WITH RESPECT TO GL COVERAGE. THIS POLICY PROVIDES 0 Claims Made IXI Occurrence I .RED TULLY CONSTRUCTION CO., INC. 1?7 SO NOR'I'HRRN RT.Vn ADDRESS FT.TJ~HTN(,;, NY 11 :'6ll Pending the issuance of the policy or policies of the type or types described below, LIBERTY MUTUAL INSURANCE GROUP agrees to insure the insured, but only for the coverages indicated, in accordance with the provisions of the policy or policies in current use by it. The limit of the Company's Liability or Amount of Insurance against each such coverage shall be stated herein, subject to all the terms of the policy having refer- ence thereto, and no insurance is provided for coverages for which no such limit or amount is stated. Issuance of the executed policy or policies voids this binder as of the effective date of such policy. This binder may be cancelled (1) by the company by written notice to the insured at the address shown above stating when thereafter such cancellation shall be effective, or (2) by the insured by mailing written notice to the company stating when thereafter such cancellation shall be effective. This binder shall be effective on 4/30/94 at 12:01 A. M., and unless previously cancelled, shall expire on 7/30/94 at 12:01 A.M., Standard Time. at the address of the insured. POLICY POLICY NUMBER TYPE OF POLICY l.OCATION LOCATIONS TO WHICH BINDER APPLIES SYMBOL. (TO BE ASSIGNEO) NUMBER TH Umbrella Excess Liability 1 127-50 Northern Blvd., Flushing, NY MITS OF LIABILITY FOR WORKERS' COMPENSATION, EMPLOYERS' LIABILITY AND GENERAL LIABILITY : ORKERS' COMPENSATION AND POLICY SPECIAL PROVISIONS OR AMOUNTS OF INSURANCE FOR OTHER CASUALTY POLICIES EMPLOYERS' LIABILITY SYMBOL STATES COVERED LIMIT OF LIABILITY - COVERAGE B BODILY INJURY BY ACCIDENT , EACH ACCIDENT BODILY INJURY BY DISEASE , POLICY LIMIT BODILY INJURY BY DISEASE , EACH PERSON ~ BI & PO LIMITS OTHER LIMITS POL. LOC. GEN'L AGGAEGA TE PRODUCTS/COMPo FI AE LEGAL * MEDICAL * PERS/ADV. INJURY SYM NO. Other than Prod/Camp Op OPS AGGREGATE EACH OCCURRENCE LIAS. Per Fire PAYMENTS Per Person or Org. TH 1 10,000,000 10,000,000 10,000,000 DEDUCTIBLE Retroacti.ve Date is as defined in the policy and is the same as the effective date unless otherwise stated herein. $ RETROACTIVE DATE: 1* Subject to occurrence limit. This binder when duly countersigned is issued on behalf of LIBERTY MUTUAL INSURANCE GROUP, herein referred to as the Company as .respects the indicated coverages under forms customarily written in such Company. Approved By: Jim Wenhold - Lynbrook BAU Liberty Mutual Insurance Group ~7v~~L.C4~~; K~ ~ I.. ............. cOlloter.Ull'~ Represeotative SALES REP AND SALES OFFICE Gault 216 POLICY ISSUING OFFICE NEW OR REN. New Castle I New TYPED BY I DATE TF I 5/06/94 Uberty Mutual f..c,n............r...-....... . INFORMATION SCHEDULE.L PERFORMANCE BOND Bond No. KNOW ALL MEN nn BY THESE PRESENTS, that ------____________________ (hereinafter called the "principal") and _______________________________________(hereinafter called the "Surety") are held and firmly bound to the Town of Southold (hereinafter called the "Owner") in the full and just sum of --------_______________________ dollars ($__________) good and lawful mcney of the United States of America, for the payment of which sum of money, well and truly to be made and done, the Principal binds himself, his heirs, executors, administrators and assigns and the Surety binds itself, its successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a Agreement bearing date on the ____________________, 188~, with the Owner Southold Solid Waste Haul-Disposal Services, Agreement is annexed to and hereby made part though herein set forth in full. . NOW, THEREFORE, the conditions of this obligation are such that if the Principal, his or its representatives Or assigns, shall well and faithfully comply with and perform all the terms, covenants and conditions of said Agreement or his (their, its) part to be kept and performed and all modifications, amendments, additions and alterations thereto that may hereafter be made, according to the true intent and meaning of said Agreement, and shall fully indemnify and save harmless the Owner from all cost and damage which it may suffer by reason of failure so to do, and shall fully reimburse and repay the Owner for all outlay and expense which the Owner may incur in making good any such default, and shall protect the said Owner against, and pay any and all amounts, damages, costs and Judgments which mayor shall be recovered against said Owner or its officers or agents or which the said Owner may be called upon to pay to any person Or corporation by reason of any damages arising or growing out of the doing of said work, or the repair of maintenance thereof, or the manner of doing the same. or the neglect of the said Principal, or his (their, its) agents or servants or the improper performance of the said work by the said Principal, or his (their, its) agents or servants, or the infringement of any patent or patent rights by reason of the use of any materials furnished or work done as aforesaid or otherwise, then this obligation shall be null and void, otherwise to remain in full force and effect; certain written day of for the Town of a copy of which of this bond as . Performance Bond BID (PROPOSAL) FORM Schedule 5.0.L Page 1 of 2 . . . PROVIDED HOWEVER, the 5uretu, for value received, herebU stipulates and agrees, if requested to do so by the Owner, to fully perform and complete the work mentioned and described in said Agreement, pursuant to the terms, conditions, and covenants thereof, if for any cause the Principal fails or neglects to so fullU perform and complete such work and the Surety further agrees to commence such work of completion within ten (10) calendar daus after written notice thereof from the Owner and to complete such work within ten (10) calendar days from the expiration of the time allowed the Principal in the Agreement for the completion thereof; and further PROVIDED HOWEVER, the Surety, for value received, for itself and its successors and assigns, hereby stipulates and agrees that the obligation of said Suretu and its bond shall be in no waU impaired or affected by an extension of time, modification, work to be performed thereunder, or by anu paument thereunder before the time required herein, or by any waiver of any provisions thereof, or bU any assignment, subletting or other transfer of any work to be performed or any monies due or to become due thereunder; and said Surety does hereby waive notice of anu and all of such extensions, modifications, omissions, additions, changes, pauments, waivers, assignments, subcontracts and transfers, and herebu expresslu stipulates and agrees that any and all things done and omitted to be done bU and in relation to assignees, subcontractors, and other transferees shall have the same effect as to said Surety as though done or omitted to be done by or in relation to said Principal. IN WITNESS WHEREOF, the Principal has hereunto set his (their, its) hand and. seal and the Surety has caused this instrument to be signed by its ________________________, and its corporate seal to be hereunto affixed this day of _______________, 188~. ----------------------------- (If Corporation add Seal and Attestation) Principal By: ----------------------------- Attest ----------------------------- ----------------------------- Add Corporate Seal Surety By: ----------------------------- Attest ----------------------------- Address of Surety ----------------------------- Performance Bond BID (PROPOSAL) FORM Schedule S.O.L Page 2 of 2 . . . INFORMATION SCHEDULE M NON-COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at b~ the bidder independently and has been submitted withDut cDllusiDn with any Dther vendDr Df materials, supplies Dr equipment Df the t~pe described in the invitatiDn fDr bids, and the cDntents Df this bid have nDt been cDmmunicated by the bidder, nDr, tD its best knDwledge and belied, by any Df its emplDyees Dr agents, tD any perSDn nDt an emplDyee Dr agent Df the bidder Dr its surety Dn any bDnd furnished herewith priDr tD the Dfficial opening Df the bid. (Signed) ~ P er K. Tully (CDrpDrate Title) (if any)__Y~~_E~e~~~Bt__________ Bid Dn May 26,' 1994 NDn-Collusive Certificate BID (PROPOSAL) FORM Schedule 5.0.M I . I I I I I I I ,. I I I I I I .... """"III!II' I I THIS AGREEMENT, made on the day of _____________________________, ISS~, by and between the Town of Southold, a municipal corporation of the State of New York having its principal place of business at S30SS Main Road, Southold, New York hereinaFter called the "Town" and , hereinaFter called the "Contractor. WIT N E SSE T H: WHEREAS, Contractor has submitted to the Town a bid ISS~ ("Bid") in response to Hauling-Disposal Services ,( "Solicitation"); and WHEREAS, the Town Board of the Town of Southold by resolution # adopted on ________________________, authorized the Town Supervisor to enter into an agreement with the Contractor to perForm certain services in connection with the handling of solid waste, NOW, THEREFORE, it is mutually covenanted and agreed by and between the parties hereto as Follows: I. DEFINITIONS Terms deFined in the Bid Solicitation shall have the same meaning as iF deFined herein. II. SCOPE OF SERVICES The Contractor shall perForm the services in accordance with the description of those services as set Forth in the Solicitation. dated the dated Town's Bid Solicitation For APPENDIX A-I I . I I I I I I I ~ I I I ~ -...r Ill. TERM OF AGREEMENT The term of this Agreement shall be Three (3) ~ears commencing on Jul~ 10, 199~. IF the Town enters into an intermunicipal solid waste haul/disposal agreement the Town ma~ terminate the agreement at an~ time during Agreement ~ears two (2) and three (3) b~ giving six (5) months written notice to the Contractor. The Town, at its sole discretion, shall have the option of renewing the Agreement For two (2) additional one (1) ~ear terms b~ giving Contractor written notice of its intention to renew at least thirt~ (30) days prior to the expiration of the term. IV. PRICE SCHEDULE/COMPENSATION The unit bid price schedule For the services to be Furnished b~ Contractor is Found in Section C - 3.1, 3.2., Contractor's bid which is incorporated into this Agreement. V. PAYMENTS A. The Contractor shall receive monthly payments For services perFormed during the prior calendar month. The Contractor shall submit a request For payment on a Town approved voucher Form along with Contractor's invoice which shall include a dail~ summar~ of tDnnage hauled by ContractDr to a Disposal Site and dispDsed by Contractor at a Disposal Site as applicable. Such pa~ments shall be made within sixty (50) days of the Town's apprDval DF ContractDr's invoice. The Town shall be entitled to deduct From any pa~ment Dwning to ContractDr any sums expended by the Town tD cure any deFault Dr Dther Agreement non-compliance by APPENDIX A-2 I III I I I I I I I f' I I I I I I .. I I Contractor or to protect the Town from 1055 on account of any claims filed or reasonably anticipated to be filed. VI. CONTRACTOR'S WARRANTIES AND REPRESENTATIONS Contractor makes the following warranties and representations: A. Contractor represents that the Town has made no commitment under this Agreement with respect to the volume of solid waste to be handled by Contractor during the term of this Agreement. warrants that Contractor shall and local laws, ordinances or the services to be performed by B. Contractor comply with all federal, state regulations applicable to all of Contractor. C. Contractor represents that the information furnished by Contractor in the equipment schedules included in the bid is accurate and complete and Contractor acknowledges that Town has relied upon the accuracy and completeness of that information in the selection of Contractor as the lowest responsible bidder. D. The Contractor represents that Contractor shall utilize its best efforts to insure that Minority and Women Owned Businesses CMBE's and WBE's) have the opportunity to participate as subcontractors under this Agreement. In the event the contractor subcontracts twenty-five percent C25%) or more of its work hereunder, Contractor shall submit to the Town an MBE APPENDIX A-3 I . I I I I I I I ~ I I I I I I ~ I I and a WBE Utilization Plan, prior to execution of this Agreement. E. In the event the Contractor's Disposal Site is unable to receive and dispose of the Town's waste for any reason (including failure to obtain or maintain necessary permits or licenses), Contractor shall be responsible for providing to the Town an alternate Disposal Site for the Town's use at no additional cost to the Town, and shall indemnify the Town against any additional hauling cost by the Town or its agent because of the location of the alternate Disposal Site. Under no circumstances shall a change in Disposal Site(s) or failure or inability to obtain or maintain necessary permits by the Contractor be considered a change in conditions. In the event the Contractor is unable to find an alternate Disposal Site(s), he shall be deemed to be in default of this Agreement and liable for damages, bond forfeitures and other expenses as provided in the Agreement. VII. INDEMNIFICATION INSURANCE/BONDS A. Contractor agrees to defend, indemnify and save harmless the Town of Southold against any and all liability, loss, damage, detriment, suit, claim, demand, cost, charge, attorney's fees and expenses of what ever kind or nature which the Town may directly or indirectly incur, suffer or be required to pay by reason of or in consequence of the Contractor carrying out or performing under the terms of this Agreement, or failure to carry out any of the provisions, duties, services or requirements of this Agreement, whether such losses and damages APPENDIX A-~ I . I I I I I I I f I I I I I I ~ I I are suffered or sustained by the Town directly or by it5 employees, licensees, agents, engineers, citizens or by other persons or corporations, including any of Contractor's employees or agents who may seek to hold the Town liable therefore. This obligation shall be ongoing, shall survive the term of this Agreement and include, but not be limited to, claims concerning non-sudden environmental impairments. The Contractor shall join in the commencement of any action or proceeding or in the defense of any action or proceeding which in the opinion of the Town constitutes actual or threatened interference or interruption with the Town's rights hereunder, including all appeals which, in the opinion of the Town, may be necessary. B. Contractor shall procure and maintain the insurance described in Section A of the Solicitation for a period commencing on the date of this Agreement and terminating no earlier than one year following termination of services under this Agreement. All such insurance coverage shall name the Town as an additional insured and shall provide that the coverage shall not be changed or canceled until thirty (30) days written notice has been given to the Town. All such insurance shall be issued by a company duly authorized to transact business in the State of New York and acceptable to the Town and shall include all riders and additional coverage necessary to insure that Contractor will be financially able to meet its obligations under the foregoing indemnification. APPENDIX A-S I . I I I I I I I f I I I ..... ~ C. CDntractDr shall, fDr the perlDd Df the perfDrmance Df services hereunder, maintain a Performance BDnd in the amDunt Df Dne milliDn ($1,000,000.00) dDllars wherein named Dbligee is TDwn Df SDuthDld. The BDnd shall be in a fDrm acceptable tD the TDwn AttDrney and issued by a surety licensed tD dD business in New YDrk as a surety. VIII. FORCE MAJEURE If either party is delayed Dr prevented frDm fulfilling any Df its DbligatiDns under this Agreement due tD any act, event Dr cDnditiDn, whether affecting the Town, the ContractDr, the Disposal Site or any of the Town's or the CDntractDr's respective subcontractors Dr suppliers, to the extent that it materially and adversely affects the ability of either party to perfDrm any obligation hereunder (except for payment Dbligations), and if such act, event or conditiDn is beYDnd the reasonable control and is not also the result of the willful Dr negligent action, inactIon, Dr fault of the party relying thereDn as Justification fDr not perfDrming an obligatiDn or complying with any condition required of such party under the Agreement, the time for fulfilling that Dbligation shall be extended day-by-day fDr the period of the uncontrollable circumstance; provided, however, that the contesting in good faith or the failure in good faith tD contest such actiDn Dr in action shall not be construed as willful or negligent action or a lack of reasonable diligence of either party. Subject to the foregoing, such acts or events shall include the fDllowing: APPENDIX A-6 I . I I I I I I I f I I - . - - ~ (1) an act of God (but not including reasonably anticipated weather conditions for the geographic area of the Town or Disposal Site), hurricane, landslide, lightning, earthquake, fire, explosion, flood, sabotage or similar occurrence, acts of a public enemy, extortion, war, blockade or insurrection, riot or civil disturbance; (2) the failure of any appropriate federal, state, county, town or local public agency or private utility having Jurisdiction in the areas in which the Transfer Station or Disposal Site is located to provide and maintain utilities, services, water and sewer lines and power transmission lines which are required for the operation or maintenance of the Transfer Station or Disposal Site; (3) governmental pre-emption of materials or services in connection with a public emergency or any condemnation or other taking by eminent domain of any portion of the Transfer Station or Disposal Site; and (~) the presence of hazardous waste upon, beneath or migrating from the Transfer Station. It is specifically understood that none of the following acts or conditions shall constitute uncontrollable circumstances: (a) general economic conditions, interest or inflation rates, or currency fluctuations; (b) the financial condition of the Town, the Contractor, any of its affiliates or any subcontractor; (c) union work rules, requirements or demands which have the effect of increasing the number of employees APPENDIX A-7 I . I I I I I I I f I I I . - - --- employed otherwise increase the cost to the Contractor of operating its haul operation or the Disposal Site Cd) equipment Failure; (e) any impact of prevailing wage law, customs or practices on the Contractor's costs; (F) any act, event or circumstance occurring outside of the United States, or Cg) any change in law or in the permit conditions or status of the TransFer Station Disposal Site or alternate Disposal Site. IX. SUBCONTRACTS Contractor shall not enter into any subcontracts in connection with the services to be perFormed by Contractor hereunder without the prior written approval by the town of such subcontracts. All such subcontracts shall make express reFerence to the terms and conditions of this Agreement and shall obligate the subcontractor to comply with all applicable Federal, state and local laws, ordinances or regulations relating to the services to be perFormed under the subcontract. In the event the subcontractor is required to Furnish any insurance or bonds For the beneFit of Contractor, the Town shall also be named as an additional insured or obligee. X. PREVAILING WAGE RATES Contractor agrees to comply with the provisions of the New York State Labor Law relating to the payment of prevailing wage rates to the extent applicable, or the applicable State Law in the state of disposal. In the event that at any time during perFormance under this Agreement the Contractor is required to increase the wages paid to any of its employees as a APPENDIX A-8 I . I I I I I I I f I I I . -..or result of such requirement, all costs resulting there from shall be borne exclusively by Contractor. XI. FORCED ACCOUNTING In the event the Town directs the Contractor, by written authorization signed either by the Town Supervisor or Town's Solid Waste Coordinator, to perform additional services beyond the scope of those described in this Agreement, the Contractor shall be compensated for such additional services on the following basis: TOTAL COMPENSATION FOR ADDITIONAL SERVICES DIRECT LABOR COST + DIRECT MATERIAL COST + OVERHEAD + PROFIT For the purposes of this Section: A. DIRECT LABOR COST shall include hourly wages, including overtime premiums actually paid plus the following fringe benefits associated with those wages - group medical, group life insurance, pensions, FICA, uniforms, safety equipment or special tools. These fringe benefits shall be separately identified and shall not duplicate fringe benefits paid in connection with work performed within the scope of the Agreement. B. DIRECT MATERIAL COST shall be those costs actually paid by Contractor for materials utilized by Contractor in performance of the additional services. The costs for such materials shall not include sales tax for any materials which constitute personal property incorporated into the structures, buildings, or real property of the Town since such personal APPENDIX A-9 I . I I I I I I "" !!! .. - ~ property is exempt from taxation under Section 1115 of the New York State Tax Law. C. OVERHEAD shall be 10% of the total of the Direct Labor Costs and the Direct Material Costs. D. PROFIT shall be 5% of the total of the Direct Labor Costs, the Direct Material Costs and the Overhead. XII. CONTRACTOR'S OPERATIONS AND PROCEDURES REPORTS Contractor will provide the operating plan and supporting data listed in Sections A and B of the Solicitation to the Town for review and acceptance. Contractor will update the plan as necessary and furnish copies of those updates to the Town. XIII. DEFAULT In the event the Contractor fails to perform its obligations under the Agreement, the Town may terminate the Agreement, procure the services from other sources and hold the Contractor responsible for any costs incurred. The Town also may deduct such costs from payments owing to the Contractor and/or draw upon the Performance Bond as full or partial reimbursement for such excess costs. The Town reserves the right to terminate the Agreement for Just cause. XIV. SERVICE AGREEMENT The Contractor shall be obligated to provide the Town with disposal services without regard to the permit status of its Disposal Site. In the event that Contractor submits a Bid APPENDIX A-10 I . I I I I I I I {t I . ;;;;; -- for a Disposal Site for which Contractor does not currently have all necessary federal and state permits, or which after the acceptance of the Bid loses its permitted status, Contractor shall, at its sole risk and expense, be responsible for obtaining and/or renewing its permits or providing the Town an alternate Solid Waste Disposal Site at no additional cost (disposal plus any additional hauling) to the Town. The parties agree that this is a full service Agreement and failure of the Contractor to provide the identified Disposal Site or acceptable alternative Disposal Site, on or after the commencement date shall constitute a breach of this Agreement. The Contractor accordingly shall not be excused from its obligations hereunder by reason of any failure to obtain or maintain its permits at the identified Disposal Site. XV. LIMITATION OF FUNDS The Contractor agrees that this Agreement shall be deemed executory only to the extent of the funds currently available for the purposes of this Agreement and that the Town incurs no liability beyond those available by authorization of the Town Board as of the date of this Agreement. XVI. DISPUTES/ARBITRATION Any disputes between the parties to this Agreement may be referred to arbitration by mutual agreement of the parties. Absent such an agreement, any actions or claims by either party hereto shall be commenced in Supreme Court, Suffolk County, New York. APPENDIX A-ll I . I I I I I I I i' I I I I . ... ~ -- In the event the parties agree to arbitrate a dispute, such arbitration shall be conducted in accordance with the rules of the American Arbitration Association. In no event shall any demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitations. An award rendered by arbitrators following any such arbitration shall be final and Judgment may be entered upon it in accordance with applicable law in any court having Jurisdiction thereof. XVII. MISCELLANEOUS A. This Agreement shall be of the State of New York. B. Contractor shall not assign, conveyor otherwise transfer its rights or obligations under this Agreement without the prior written consent of the Town. C. This Agreement, including all Exhibits and documents referred to herein, along with the Specifications, Solicitation and the Bid, and all Appendices and Exhibits thereto, represent the entire agreement between the Town and Contractor relating to the Services to be performed hereunder. This Agreement may be modified only by written agreement of Contractor and the Town. D. To the extent of any inconsistency among the documents constituting the agreement of the parties, the priority among those documents shall be: APPENDIX A-12 governed by the laws I . I I I I I I I ~ I I I ..... ,... 1. This Agreement; 2. Exhibits hereto; 3. The Solicitation including Appendices; ~. Contractor's Bid. E. Without limiting any other right and/or remedy which the Town may have at law or under this Agreement, if the Contractor is adjudged bankrupt or makes an assignment for the benefit of creditors or a receiver is appointed for the Contractor or any insolvency arrangement proceedings are instituted by or against the Contractor, the Town may terminate this Agreement. F. Contractor agrees that it will conduct itself consistent with its status, said status being that of an independent contractor and, Contractor, its employees or agents will neither hold themselves out nor claim to be an officer or employee of the Town of Southold nor make claim to any right accruing thereto including, but not limited to, Worker's Compensation, Unemployment Benefits, Social Security or retirement membership or credit. G. If any provision of this Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement and this Agreement shall be enforced as if such invalid and unenforceable provision had not been contained herein. H. Contractor agrees that it shail not APPENDIX A-13 I . I I I I I I I ~ I ----. ~ discriminate and that it shail cause there to be no discrimination against any employee who is employed in the work, or against any applicant for such employment, because of race, religion, color, sex, age, marital status, handicap or national origin in any manner prohibited by the laws of the United States or of the State of New York. These requirements shall include, but not be limited to, the following: employment; upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training. XVIII. NOTICES All notices required to be given hereunder shall be made in writing by first class mail addressed as follows: APPENDIX A-l~ . . . . . . . . . .- . . - If to the Town: Supervisor of the Town of Southold Town Hall 53085 Main Road Southold, New York 11871 With a copy to: Solid Waste Coordinator Town of Southold 53085 Main Road Southold, New York 11871 If to the Contractor: With a Copy to: IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written TOWN OF SOUTHOLD Thomas H. Wickham Supervisor " APPENDIX A-IS I f -- I( I I I I I I r I - ---- ;... '....- I'" r U.;,. .~ J :.. ::.. . .... . .... . .. . ~. .. I , . .;. '.:."! Tl3 ::i :.io:;. '_ J . . 1..''':' OCT 82 'S3 lE;:.:; f'iYS Er~V.(OHS. ! P... fi_ Vorl< Stell"" Dt'?~l'lrrmn: cf i;n1t:ronmeOlAI C(.>nv3r..sl!or; ~1"!'~' #Hk,~t~.y. S~(\~'r ._e.o.~l<,.. J,-"",,_ 'r~'i< 11no.~ .~~r U~1_. \-~o) ,~~ WJ4~ FACSIMILE: (516) 44~-0373 . . ~.. .0"; ..--" . .- ..,. October 8, 1993 VIA T~T~~t..!\":"~d U~S. !""~ Frank Isler, Ea~. S~ith, Fink~lctQin, ~undber9, Islur and Yay.aboeki 456 Griffing AVanuG P.O. I30le J89 Riverhaad, Ne~ ~ork 11901 Thom... C. Jl>rllng Commlaalo..., ~Qr ~o~n or ae~thold ~ranat~r station racility Id~nti~ioatio~ Yo. 52 ~ 92 !)gar Mr. ruler: Purcuan':. to IIX (2) of the Sopt~lll.bcr4. 1991 Decision an~ Orqer of 'Deputy CO:::=:iB91one:;:- Edward O'Sullivan,DEe No. 1-<1020, the Deparbi:lent Ile.l-eby npprcve$ operaticn ot the telDpcrary tr-~nster st!:.ti:::n at th~ Cutcncgue Bite for II ona year peric)q of time effective Sllt1.1rday, October 9, 1993. ccn"truct:l.cn of sa id tranSfE1r station h.:l& been cert.iii<:;d by the Tcwn Engineering Inspo!::tor-, JeIlles ~ic~t9r, ~odQY, OctObers, 1993. Op0r!ltion at thg raci1ity will be ba detail'~d .in the Enginaaring RGport pr"parect by Dv irka &: 8artil ucci dated SeptQI1lhl!lr, 15093, ana in additio..., the 'l'OWl'1 rolU&t comply with tho fOllowing opcr~tlng conditiono: : :1. The '!'or,m must COlil!:>l}' with 6 NYCRH SUbparts ';)60.'1 (General Pr-oviuiol'l&) and 360-11 (Trah&1'ar Stations) of 6 UYCR.H Part :3~O (effucti.~ Oct:Ob&r 9, 1993), except as specifically m~ditiod by thie authorL:atioll lInd the approved Engineering Report and Plans. 2. ThG Town sh,o,ll 110t storo Wastos at the faCility Illora than 72 hours frc~ tr.e time or accopta~c" of Buch wasta. . 3. The TO\m she.ll ttr.k... ~11 nac.;ossary steps to. control nU16!!lnc~3 s~cn at:; blOWing P"tlC3rB, V(;cto,s, dUst and edot'B. -4. The Town 1s autho:dzcQ t.o operat2 the i'l1cilitl' from the, houi-tl of. 7:00 1l.1~. to ~:OO p.t:., IUJV'~i1 (7) :days per Wile:<. 5. Th~ 'I'c',m 1:.1 prc.'hiblted fro~ receiVing at t:hi" tacility hazc.rdou6I ....n&to at: defined in (; l-/YCF-R Part :371 oi: rcoulct,ad :::2dical . ",;,,;~~ .!lG dofined in (; lI'iCI'-'t p~.2:t. ',)60. Approval mUst be 'iranted in adVAnce, i~ *~itln~ b~' th~ P.Gqlonal Gelid Wn~te Enginear, to ~Ccep: non-hl:.::~:!:'douE: i"du.:trial w,wt~ a~. the, facility. 1+ r Pt:l:i 'l>f~ Ii Poet.tt- 1"a.,Cj ";;,11;; I.:,,'\~rrd:a~ fm.i.1'iC: "...71 I. "'... '. ~ ..-l , ?ac;:s 1 or 2. I .' 1(' I I I I I I -: ~ ~- "- I _... I. "'1-..- 'J J OCT 08 'S3 16: 1E. ~YS Etlv.COliS. , , ! P.5 Frank ISler, Eeq. RQC" ~O~ e~ aa~thol~ ~r~sr~r ~t~t~on ~acility !eenti~ic~tlo~ No. s'" ~ S2 (Cont'd.) October 0, 1993 Thi~ ~u~tlo:"ize.tJcn is ccnditioned upon the TC1wn f s strict. adhersnc8 to chi' condJ.ticnc !1~ cut~in~d abc'Vi) unci f~ilut"a to do eo :. mny result in G revoc~~io~ ot this authoriza~ion. V/!?1Z= RJ>.'!~. COWEN, P. E. Region~l Dir~ctor REC/MEC/= Eno. .:&DU[~ol~1~9~ !"!l.glO 2 of 2. A-PPEN b 1 X - 12> I . I I I . TOWN OF SoUTHoLD ACCIDENT REPORT Date of Accident: / / Time of Accident___:___AM/PM --- --- --- Oral Report B~:_____________________ To:____________________ Date: / / Time: AM/PM ---- ---- ---- ------- ---------- Location of Accident: ----------------------------------------- Brief Description of Accident: ----------------------------- ------------------------------------------------------ ---------------------------------------------- ----------------------------------------------------------------- -------------------------------------------------------- ---------------------------------------------------------------- -------------------------------------------------------------- ------------------------------------------------------------ --- Check if continued on separate sheet Action Taken: --------------------------------------------------- ~---------------------------------------------------------------- ----------------------------------------------------------------- ----------------------------------------------------------------- ----------------------------------------------------------------- ----------------------------------------------------------------- Additionai Action Required & B~ Whom:____________________________ ----------------------------------------------------------------- ----------------------------------------------------------------- ----------------------------------------------------------------- ------------------------------------------------------------------ Date of this Repqrt:____/____/____ B~:______________________ Department:________________________ ANY POLICE REPORT PREPARED REGARDING THIS ACCIDENT MUST BE ATTACHED. Forward Accident Report to Solid Waste Coordinator Southold Town Solid Waste District P.O. Box 962 Cutchogue, New York 11935 APPENDIX - C I . {, .' I I I I I I r I I I I I I ~ l- I r1.u.....- X..':h ~1~~ S.o SUMMARY This is a Summary of the update to the Solid Waste Management Plan (SWMP) for the Town of Southold. The Town's initial draft SWMP was adopted by the Town Board on September 25, 1990, and a final SWMP on January 22, 1991. Since the adoption of the SWMP, there have been a number of changes in solid waste management in Southold and on Long Island. The update to the SWMP has been necessitated by several factors, including changes in solid waste generation, recycling initiatives, regulatory constraints, and available capacity at other solid waste facilities combined with changes in the cost of out-of-Town handling and processing by the private sector. These factors have resulted in a change in the Town's preferred processing alternative for the residual waste remaining after reduction, reuse, and recycling. S.l Town Setting The Town of Southold is a rural town of approximately 54 square miles located in eastern Suffolk County on Long Island. It is bordered by the Peconic Bays and Gardiners Bay to the south, and the Long Island Sound to the north. The Town, along with the Town of Riverhead to the west, comprises the North Fork of the "East End" of Long Island. It also includes the Hamlet of Fishers Island, a small island community covering approximately four square miles. The Town supports a large agricultural community, as well as a seasonal tourist population and a number of weekend/part-time residents. Of the various communities in the Town, the larger residential areas are primarily located in Southold, Cutchogue, Greenport, and Mattituck. The Town possesses diverse ecological resources including beaches, bays, estuaries, lakes, freshwater and tidal wetlands, and the upland environment. These 'resources are the result of natural physiology and existing development patterns, and are important for their preservational, social, aesthetic, and recreational value. The Town comprises 5.3% of Suffolk County's land area, but only 1.5% of the County's population. The largest single land use in the Town is vacant land (40%), while 5168R/4 1027 S-l I . f I I I I I I r I I I I I I .. t-... I the second largest land use is agricultural land (25%). Other land use such as residential, commercial, and industrial account for much of the remaining land. S.2 Current Solid Waste Management The Town owns and operates a solid waste complex on County Road 48 - Middle Road in Cutchogue that receives most of the municipal solid waste generated and disposed of in the Town. This includes waste from residential, commercial, institutional, and agricultural sources. The solid waste. complex consists of an inactive landfill that ceased operations on October 8, 1993, a multi material residential recycling drop-off area, a bi-Ievel multi material recycling area for deliveries by carters, a collection center, a permanent household hazardous waste storage facility, a yard waste composting operation, temporary transfer operations for garbage, rubbish, C&D debris and concrete, and a holding area for household appliances and tires awaiting transfer to processing facilities. On October 8, 1993 the Town ceased landfilling operations and implemented a State authorized temporary transfer operations for garbage, rubbish, C&D debris, and concrete. The temporary transfer operations are expected to be in place for the 6 to 12 month period needed to permit, construct and start-up a new permanent transfer station. A Part 360 Engineering Report and Permit Application for the new permanent transfer station describes the design features and operations of the proposed facility. Concurrent with the temporary transfer operations on October 9, 1993 the Town initiated a special bag program for residential garbage. Residential garbage must be placed into special bags to be accepted at the Town's solid waste complex. Residents who drop off garbage and carters that collect garbage from noncommercial customers can deliver only the special bags to the Town for disposal by the transfer operations. Commercial waste can be charged by weight arid does not need to be placed in the bags. Recyclable materials are prohibited from being placed in the special bags. It is anticipated that over the long-term the cost of the bag will encourage waste reduction and increase recovery of recyclable materials. The Town's recycling program has been in effect at the solid waste complex for several years and has been steadily increasing in scope. Use of the recyclables collection center is free. The materials included in the recycling effort are: 6168R/4 1027 S-2 I I I I I I I (' I I I I I I ~ J- I o Newspaper o Plastic containers o Major household appliances o Metal containers 0 Bulk Metals o Household hazardous waste o Clear glass o Waste oil o Leaves o Green glass o Old clothes o Brush o Brown glass o Batteries o Wood chips o Tires o Mixed Paper (other than cardboard) o Cardboard Ie' I // In accordance with its solid waste management planning efforts, the Town has , implemented a mandatory curbside recyclable collection .ptogram for those residents whose solid waste is collected by carters. Residents that' use carters are required to ---' separate green, brown, and clear glass, plastic (.k1:l!r~(#1 ~!.1d~#2), tin and aluminum (commingled), newspaper, and cardboard. Collection of recyclables from customers is currently performed once every other week. Collection by Town permitted carters is provided for residential, commercial, institutional, and industrial customers on an individual contract basis. Commercial, institutional, and industrial waste generators can also deliver their own wastes to the landfill provided they are permitted by the Town. Residents may also drop off their wastes at the solid waste complex with a permit. It is estimated that approximately 107 tons per day of municipal solid waste was generated in the Town in 1992. This volume is based o@ca1e house data from the solid waste complex and includes recyclables. Future waste stream projections have been formulated based on the 1992 data and weighted population estimates through the year 2015, and are as follows: Year Tons oer day Tons oer vear 1989 123 44,895 1992- 107.7- 39,313 1995 126.6 46,194 2000 134.2 48,995 2005 144.1 52,583 2010 154.4 56,364 2015 165.3 60,348 6168R/4 1027 5-3 I I I I I I I t I I I I I I ~ -' ,. ~ . , The 1989 data is presented to illustrate the effect that waste reduction, recycling and reuse efforts have had in the Town of Southold during the last few years. There has been an approximately 13% decrease in the municipal solid waste received at the complex (including recyclables) since 1989. An identification of the major categories of the waste stream received at the solid waste complex has been conducted as part of the planning effort, and is presented below by percent of weight for the major component categories of the waste stream. Waste Catee:orv % Bv Weie:ht Household garbage Construction and demolition debris Sand/sod Concrete Rubbish Scrap Metal Land clearing Brush Leaves/mulch/grass Agricultural debris Household Recyclables Other (includes sludge, tires, shellfish debris, woodchips, waste oil and batteries) TOTAL 37.0 17.0 3.3 1.0 6.7 1.5 4.1 10.9 9.2 1.6 5.0 <2.4 100% In addition, a compositional analysis of the material components performed in 1989 was updated to reflect the 1992 household waste stream. This breakdown is as follows: Waste Comnn.<:ition % bv Weie:ht Paper Plastics Food Ferrous Metals Nonferrous Metals Ba tteries Glass Wood Rubber Dirt and Fines Yard Waste Bulky Waste Misc. TOTAL 29.09 6.54 1O.5Y 6.88 1.28 0.06 5.41 5.08 2.11 3.74 20.41 3.36 5.08 100%. *Totals may not add to exactly 100~ due to rounding. 6168R/4 1027 S-4 I .. (\ I I I I I I r I I I I I I ~ . I S.3 Alternatives In formulating the Town's original Plan (final SWMP January 1991), a number of alternative processing methods and implementation alternatives had been evaluated. The alternatives have been reconsidered in terms of environmental soundness, applicability, effectiveness and cost, and are presented in this SWMP update. They include: o Waste Reduction o Household Hazardous Waste Removal o Materials Recycling o Agricultural and Yard Waste Composting o Construction and Demolition Debris (C&D) Recycling o Land Clearing Debris Recycling o Waste-to-Energy Reduction/Recovery o Municipal Solid Waste Composting o Landfill Disposal o Clean Fill Disposal o Methods of Processing/Disposal of Other Wastes Although the State has set a goal of 50% reduction, reuse, and recycling as a benchmark for resource recovery systems, it has been concluded as pan of the updated plan that, given the characteristics of its waste stream, the Town could target a reduction/reuse/recycling (inclUding composting) goal that will exceed the State's goal. The alternatives that were previously evaluated in the original SWMP for long-term processing or disposal of the residual portion of the waste stream were: o Continued landfilling o Use of a new, double-lined Town landfill adjacent to existing landfill o Processing at the Brookhaven composting-energy recovery facility (has not been implemented) . o Processing at Huntington energy recovery facility o Processing at Babylon energy recovery facility o Processing at an in-Town mixed solid waste (MSW) composting facility (no longer a viable alternative) o Yard waste exchange arrangement with a town having an energy recovery facility (re-evaluated this past year with the towns of Huntington/Smithtown) o Private sector proceSSing/disposal (including possible use of Hempstead's existing energy recovery facility and recently proposed private sector faCilities) o Long haul to another facility (component of temporary transfer operations) 6168R/4 1027 5-5 I .. ( I I I I I I ~ I I I I I I =- r - SA Description of Proposed Plan Based upon a reconsideration of the analysis of alternatives conducted for the Town's initial SWMP, the updated SWMP for the Town is also expected to result in the effective management of the Town's solid waste in an environmentally sound, cost-effective manner that reflects the social and economic characteristics of the Town, particularly with regard to its rural nature as a farming community with a relatively small population. The updated SWMP retains the "resource recovery system" contained in the initial SWMP, and expects that the system could effectively dispose of more than 50% of the Town's total waste stream through elements of reduction, reuse, recycling, household hazardous w'aste removal, and yard waste composting. However, this updated SWMP includes new recommendations for the disposal of the residual waste through the transfer of this portion of the waste stream to existing permitted processing/disposal facilities with sufficient available capacity. 5.4.1 Prooosed Resource Recovery Svstem As with the initial SWMP, this updated Plan contains a number of elements comprising a resource recovery system that could reduce/recycle/reuse more than 50% of the total waste stream. The resource recovery system includes waste reduction, intensive household and commercial/institutional recycling, major household appliances recycling, tire recycling, household hazardous waste recovery, construction and demolition debris recycling, and composting of yard waste that includes leaves, brush and land clearing debris. The specific materials addressed in the updated SWMP's resource recovery system include: o o o o o o Newspaper Magazines Corrugated/Brown Bags Other Paperboard Office Paper PET,HOPE and Other Plastics Yard Wastes Sand/Sod Ferrous Metals o Nonferrous Metals o Three Colors of Glass o Wood and Lumber o Asphalt o Concrete/Brick o Tires o Dirt o Textiles o Household Hazardous Wastes o Batteries (Vehicle and Household) o o o The following sections describe the components of the Town's resource recovery system. 6168R/4 1027 5-6 1 .. ( I 1 1 1 1 1 r I, 1 1 1 1 1 ~ l- I Waste Reduction Waste reduction refers to the reduction of solid waste prior to disposal. This is an important consideration since it may affect the sizing or magnitude of individual operations and facilities. Reduction of the volume of waste could be achieved through Town support of legislation and other initiatives that aim to encourage residential, commercial, industrial, and institutional establishments to reduce waste generation at the source or point of packaging. This would effectively reduce the volume of waste that the Town would need to make provisions for with regard to collection, processing, disposal, administration, and financing. Regarding the legislative aspects of waste reduction; the Town will continue to support laws proposed by the County, State, and Federal governments that strive to: o Reduce the volume and type of packaging materials, especially those constituted of plastics which are essentially nonbiodegradable, nonreusable, and nonrecyclable o Expand the current beverage container deposit law to include a wider array of containers o Encourage greater use of recycled materials, or products packaged in recycled or recyclable materials o Promote the development of household hazardous waste removal programs o Assist and encourage industrial, commercial, and institutional generators to undertake reduction and recycling programs o Assist and encourage homeowners to undertake backyard composting and to leave grass clippings on the lawn The Town will continue to Support legislative efforts to establish deposits on batteries as a means of reducing the concentration of metals in various products and residues of solido waste processing. Batteries constitute an easily removable source of potential contamination from the waste stream. In addition to legislative actions, all sectors of the Town (public, commercial, industrial, and institutional establishments) will be encouraged by the Town to reduce 6168R/4 1027 S-7 I . ( I I I I I I t. I I I I I I r I the generation of waste which would ultimately become the responsibility of the Town to handle and dispose. This can be accomplished through local and regional public education programs coordinated by the State. For example, homeowners and landscapers will be encouraged to reuse grass clippings, leaves, and chipped brush as compost and mulch on-site rather than bagging and disposing these materials at a solid waste management facility. Residents will be encouraged to leave grass clippings on the lawn and consideration will be given to excluding grass from the Town solid waste complex. The special bag program makes it economically desirable for residents not to dispose of grass at the solid waste complex. The Town's new special bag program is an economic incentive program that has been used successfully by other communities in reducing the amount of waste going to ultimate disposal facilities. This program has been in place since October 9, 1993 and is an important component of the Town's resource recovery system in terms of waste reduction and financing of the transfer operations. The NYSDEC estimates that implementation of statewide and local waste reduction efforts, along with continued and expanded voluntary programs and other legislative actions, could"reduce solid waste generation by approximately 8% to 10%. This estimate is contained in the State's 1987 Solid Waste Management Plan (and updates) as a statewide goal and is incorporated as one of the goals of the Town's proposed Plan. It is estimated that over the long-term approximately 10% of the Town's waste stream would be reduced by this element of the proposed Plan. It should be noted that between 1989 and 1992, the Town's waste stream decreased by 13%. Household and Commercial/Institutional Recvcline Proeram A comprehensive recycling program which would provide for the recovery and utilization of reusable "waste" resources is a major component of the updated SWMP. This includes a mandatory source separation program for recyclable materials generated in the residential, commercial, industrial, and institutional sectors of the Town, which is currently in operation. Recyclable materials are currently source separated and collected, or privately dropped off, in a segregated manner. 6168R/4 1027 S-8 I . f' I I I I I I r I I I I I I .. l-' I The materials targeted for source separation, curbside collection, and marketing include paper (newspaper and corrugated cardboard), color segregated glass, tin and aluminum, plastics (PET and HOPE), and ferrous and nonferrous metal containers. Leaves, brush and land clearing debris are also source separa ted for the purpose of composting. In addition, separation should be required for construction and demolition debris, white goods (major household appliances), tires, and household hazardous waste. As previously discussed, commercial/industrial toxic or hazardous waste is currently regulated for proper handling and disposal by Federal and State law. These materials should not be handled by the Town and would be recycled or processed at private sector facilities. Recvcling: Maior Household Aooliances As with the initial SWMP, the updated SWMP's resource recovery system recommends that discarded major household appliances (also referred to as "white goods") continue to be temporarily stockpiled and transferred on a regular basis to private recycling facilities. White goods, comprising approximately 1% of the waste stream, include discarded refrigerators, washing machines, dryers, stoves, etc. Depending on markets, it is possible that revenues could be generated from this material. Recvcling: Tires It is recommended that a designated portion of the solid waste complex be used to temporarily stockpile tires for shipment to appropriate reprocessing or recycling facilities. The temporary stockpile operations should be sized to stockpile up to 1,000 tires at any given time. Using an assumed, generally accepted generation rate of one tire per person per year for the Town's population of 20,002, approximately 20,000 tires per year could require disposal. Alternatively, using an estimated factor for tires in the residential waste stream of 0.64 tons per day (based on 1990 scale house data), with an assumed weight of 25 pounds per tire, an average of approximately 19,000 tires per year would require proper disposal. Based on these estimates, it may be necessary to size a tire stockpile and transfer operation to handle between 19,000 and 20,000 tires per year. This would correspond to an average annual transfer arrangement of apprOXimately 20 shipments per year (1,000 tires per shipment), or approximately one shipment every 2 and 1/2 weeks, with allowances for more frequent shipments during certain peak periods. 6168R/4 1027 S-9 I . ( I I I I I I r I I I I I I t I There are private processing markets currently available that would accept the tires for recycling. Approximately 1% of the total waste stream is covered by this Plan element. Recvcling: Household Hazardous Waste Successful and effective household hazardous waste removal programs, known by the acronym S.T.O.P. (Stop Throwing Out Pollutants), have been shown to be environmentally sound elements of solid waste management systems. A S.T.O.P. program allows for convenient and safe disposal of hazardous chemical wastes found in homes. Although household hazardous wastes typically comprise less than 1 % of a municipality's total waste stream, the removal of these materials from the waste stream is important and it is recommended as part of the Town's updated SWMP. These wastes will continue to be removed from the waste stream to prevent them from entering, and potentially impacting, the environment. Removal of these wastes also reduces the risks and hazards associated with processing or disposing these wastes at solid waste management facilities. Continued operation of the Town's permanent S.T.O.P. program will provide residents with a continuous, environmentally safe disposal alternative for unwanted chemical products originating in the home. The daily operation provided by this permanent, full-time facility make participation in the S.T.O.P. program more convenient than periodically scheduled S.T.O.P. days. The permanent facility, centrally located in the Town, provides residents with a convenient drop-off site for these materials. For an area the size of Fishers Island, the development of a full-time S.T.O.P. program and permanent facility would be both impractical and unnecessary. Consequently, it is recommended that a minimum of two collection "events" per year be held on Fishers Island to remove this material from the waste stream. The S.T.O.P. program will allow for the collection of such household hazardous wastes as: o Adhesives o Alcohol o Antifreeze o Brake Fluid o Charcoal Lighter Fluid o Cleaning Solvents o Degreasers o Fertilizers o Paint Removers o Paint Thinners o Pesticides o Petroleum Based Solvents o Photographic Chemicals and Supplies o Plant and Insect Spray o Pool Chemicals o Solvents 6168R/4 1027 S-IO I . f I I I I I I r I I I I - - -- / / o Gasoline o Herbicides o Kerosene o Paints o Spot Removers o Stain and Varnishes o Wood Preservatives The resource recovery system in the Town's updated SWMP recommends that the Town work toward implementing an extensive public awareness, participation, and education program designed to provide information on the importance of properly disposing hazardous materials and the procedures to be followed. The Town's S.T.a.p. program is consistent with the New York State Solid Waste Management Plan guidelines since it can effectively help reduce the quantity of hazardous wastes entering the waste stream. Additionally, the S.T.a.p. program is expected to increase environmental consciousness and encourage residents to segregate and recycle wastes rather than discard them. It is estimated that approximately I % of the waste stream will be covered by this element. Recvclin~: Construction and Demolition Debris The development, planning, permitting, and capital cost of a construction and demolition debris processing facility is still expected to be more cost-effective if it is handled by tlie private sector rather than the Town. Consequently, as with the initial SWMP it is recommended in the updated Plan that this waste no longer be accepted at Town disposal facilities, except on a temporary basis, the Town will provide the transfer service. The recycling/processing of this waste should become the responsibility of the private sector, as is the case in most Towns on Long Island. This would help to maximize the effiCiency of recycling this material. Concrete, rocks, bricks, asphalt, lumber, and pallets are among the components of C&D debris that can be processed and recycled. It is estimated that approximately 15% of the waste stream is comprised of commercially generated construction and demolition debris that could be recovered by this Plan element. It is recommended that reSidentially (homeowner) generated clean material remain the responsibility of the Town for a three to five year period. Over the long-term, private recycling and disposal options are to be used by the generators of this waste. In the meantime, temporary transfer services to private sector facilities have been contracted by the Town under the state authorized temporary emergency transfer operations for these materials. 6168R/4 1027 S-II I . ( I I I I I I r I I I ~ -- / Recvcline: Yard Waste Comoosting According to the New York State Solid Waste Management Plan guidelines and the New York State Solid Waste Management Act, composting is one of a variety of methods to reduce the waste stream and promote recycling of resources. Accordingly, the Town's updated Plan recommends the expansion of the existing yard waste composting operation to accommodate all of the Town's leaves, brush, and as much of the land clearing debris as can be recovered for composting. The remainder of the land clearing debris would be handled by the private sector recovery efforts. The Town wiII continue to promote backyard and on-site composting of 'yard waste by homeowners and landscapers as a method.of minimizing the required size of the Town's yard waste composting operation. Landscapers should be encouraged by the Town to maintain their own compost piles, or .perform this service on-site for their customers. Larger landscaping or land clearing operations should chip brush for ground cover and other uses. It is further recommended that the Town implement a public education program to increase the local demand for end products from both backyard and Town compost operations. Grass will not be composted by the Town; however, residents wiII be encouraged to leave grass clippings on the lawn or backyard compost this material. S.4.2 Proposed Residual Waste Management The recommended resource recovery system portion of the Plan discussed above is expected to effectively reduce/recycle/reuse (including composting) more than 50% of the Town's total waste stream, provided that relatively high participation rates are achieved and markets are available. The updated SWMP recommends private sector hauling and processing and/or disposal of the residual waste remaining after implementation of the proposed resource recovery system in multiyear stages with each stage preceded by a SWMP reanalysis and update to determine whether more cost-effective options are available. The Town wiII also continue to evaluate opportunities involving developing intermunicipal agreements. Approximately every five years, again depending on the nature of soiid waste activities, costs, and other factors . the Town will bid contracts(s) for private hauling/disposal services or enter into an intermunicipal agreement for disposal/processing of the Town's residual waste. 6168R/4 1027 S-12 . . . . . . . . . .- . . . - -- Southold Town Collection Center 1993 HIGHLIGHTS Landfill Activity............................... .Page 1 Recycling Activity................... ............Page 2 S . T .0. P. Program................................. Page 3 EXH I B ITS Material Summary by Month Material Summary (Vear's totals Only) APPENDI X E - 1 I .. I I I I I I I I- I I I I I I Ie I I 5outhold Town Collection Center 1993 HIGHLIGHT5 Landfill Activitu 1. All landfilling of solid waste ended as of close of business on October 8. Beginning October 9, the garbage and rubbish portions of the Town's M5W was being shipped to one or more permitted facilities in Pennsylvania. Also beginning October 9, the C&D portion of the Town's MSW was being shipped to Westhampton, NY for processing and eventual disposal. 2. The landfill of purchased $'"18,000. used approximately cover material at 10,000 cubic yards a cost of roughly 3. While landfilling continued, garbage, rubbish, & C&D were each deposited in separate sections of the elevated area (approx 5-7 acres) in middle of the dump, with a view toward making this section a consistently graded plateau that would be relatively easy to cover with earth, pending final closure. This has been done. There is not now nor has there been in the past a formal "progression plan" for the landfill. '"I. Total incoming waste of 38,182 tons for the year was down 3% from 39,313 tons in 1992. this reduction was concentrated in areas of landclearing (-38%), rubbish (-22%), household garbage (-21%), brush (-18%), and C&D (-17%). Increases were noted in shellfish ('"189%), sludge (13'"1%), sand/sod (non- purchased) (96%), household recyclables (28%), agricultural (13%), and leaves & mulch (7%). 5. As a result of regulatory requirements related to hauling garbage, the handling of sludge from the Greenport treatment facilities was interrupted as of October 9 pending a decision that the sludge may be included in 50uthold's M5W shipments. AI'PENDIX E - 2 I ~ I I I I I I I ~ I I I ~ ~ Southold Town Collection Center 1883 highlights Page 2 LandFill Activitu (Cont'd) 6. By year's end, the yard waste area was being rearranged to allow For orderly staging of all brush For grinding, and windowing of the product. Near elimination of the backlog of stored brush has allowed the reorganization of this area to proceed successFully. 7. All woodchip material that had been stored in the old sand borrow pit has been removed and used as cover or given away. The sand pit is empty. 8. New construction in '83: Temporaru household 12' by 60' block wall transFer station For loading garbage and rubbish. Consists of a asphalt pad with a 7-Foot concrete on 2 sides. SWAP Area - slab and lean-to type enclosure built to hold items brought For re-use. Concrete slab For a 2nd cardboard compacting container. Fencino to contain papers From transFer operations; 12 Feet high, 175 Feet long. Loadino PlatForm - For loading newspaper and mixed paper. Recuclino Activitu 1. In 1883, 15.5~ of Southold's total waste stream was recycled, including 17~ of the household garbage. With the adoption of the "garbage by the bag program," by December these Figures rose to 28~ and 3~~ respectively. By weight, 3,031 tons of recyclables were collected in 1883 vs. 2,337 in 1992, a 30~ increase. Brush compost (up ~~8~), cardboard (115~), newspaper (35~), mixed paper (31~), and plastic (22~), and glass (13~) led the increase. Only clean wood A~PENDIX E - 3 I ~ I I I I I I I ~ I .. . -000. ~ Southold Town Collection Center 1993 HIGHLIGHTS Page 3 Recuclina Activitu (cont'd) (-~8%), lear mulch (-27%), cans (-3%), and brown glass (-3%) showed decreases. the decrease in lear mulch is because the Fuel Harvesters tub grinder was undergoing rrequent repair early in the year when the previous raIl's leaves are normally processed. 2. The landrill produced 1,2~9 tons Or brush compost, an increase or almost ~50% rrom 1992 (228 tons), This was a result Or the increased productivity or the new tub grinder which, since November, was able to process virtually 100% Or incoming brush and landclearing, as well as the entire stockpile Or brush that had built up when troubles with the old tub grinder began. 3. Arrangements were made with a hauler ror Marcal Paper Mills to stage a trailer at the collection center ror mixed paper recyclables, which are shipped to Marcal. Previously, large amounts Or paper had to be accumulated at the collection center berore the hauler would come to pick it up. This resulted in signiricant storage and handling dirriculties. Adoption Or the "garbage bag" program has resulted in enough tonnage or mixed paper to Justiry keeping a trailer here. ~. The addition Or a 2nd garbage compactor and container enables the Town to move the large tonnage Or cardboard that has resulted rrom adoption or the "garbage bag" program. S.T.D.P Proaram 1. The Town collected and shipped 121 55-gallon drums or household hazardous wastes in 1993. This is down rrom 138 drums in 1992, a 12% drop, and down rrom 181 drums in 1991, or 33%. the drop in 1993 was largely due to the ability to recycle empty aerosols, some or which used to be removed through the program at $5~0 per drum. In 1992, the Town gained approval to bulk paints and thinners which resulted in the decrease in the number Or drums rrom 1991. APPENDIX E - ~ I .. I I I I I I I I- I I I I I I Ie I I Southold Town Collection Center 1993 HI GHLI GHTS Page 'i S.T.O.P ProQram (Cont'd) 2. At a minimum of $190/drum, has saved at least $3,230 costs in 1993 vs. 1992. APPENDIX E - 5 this means that the Town in shipping and disposal . .. . . . . . . . .- .- - 5outhold Town Collection Cente~ Mate~ial 5umma~y by Month 5outhold Town Collection Center Material Summary (Year's Totals Only) December 1993 APPENDIX E - 6 '~>043 SoomoLD TOWN COUECnOH CENTER t0Q.3 aAAtl..ATtVE UATEfIAl. SlAIUARY CU'n~ II1lJ"oatiyJl~fJlWSIIM.,(tJ TONS} T1n>>J1IHOVEAfOfR30 I I DECEMBER I YTO "CHANGE I Tola! "Ctllngo % CtlllnglFIOl'lI TOTAl.. FROM YTO Jm 'EB MAR "'," MAY ""NE JULY AUG SEFf OCT NOY , I Tons FtomNov Ole 11102 TONS lAST YIAR I! 1- - Item I Chlrglablo 1 I Gerblgl(ent/Oct.II'1I3): I -Clntrblgs 173.2~ 211.12 I 1911_01 -U'lo "A -:II "A -esrtarbywolgtrl 214.'2 289.38 1 2U53 -11.2".4 "A "48' "A -lor-hturod('Jbllll) 32B.. 235.39 I 195.21 -17.11, "A T..... '''A Brush 1Se.1l2 lSUl 194153 5BOS6 19S7l! 228.23 H18,Ae 214.53 'S2.15 138.82 278.\1 I .'1.48 .'.7'10 .330% 35.5,.'. .17.S'" CSO 411..3 31H5 415511 8.e.18 52900 '560.02 .aU4 .1:'2.9 '7140 50.28 3959. I 25115 -388'10 .805'110 15550..' .11.0" COllatl, ." 518 2.50 20.88 1332 2002 2922 23983 12.86 30,118 ,U10 1 0.83 -981'10 .g7.8" 811176 3i.'" L.ndclllrlng 11898 3303 37.ell 31.ll11 180.411 109.41 15.,7; 8872 11Q!Xl 90.51 43.21 I 1835 -576'4 -900% 102388 .3'4" Rubbish (mbc'd) 18585 88,50 12S10 153,15 28449 25555 1111.11 219,59 191.15 14a,07 '1'1409 I 140.13 228% .425" 2040,58 -22.0" ScnpM.III 31311 88.01 4025 30.15 32,17 51.51 39.42 58,84 "'83 104.!l1l 3818 1 31,113 -117% 24.1% ..." 3.2" n'l 211.30 20.00 20.00 20.$4 20.00 20.00 9.77 10.g0 10,00 15.00 18.00 I 22.00 22.2% -88% 215.51 ....4" I TOTAl.: Sl8U2 110.U 80H8 1500.83 1838.25 1432.00 1082,31 1312.g0 1103.2g 174a.36 1668.54 1 1512.80 -11.27. -14.3" 156\1.3.7' .....7'" I Hoo-ctll'g.abl' I I AllrIW"ur,1 138,32 8201 8085 1894 '" 2.72 4.25 3S1.78 7!HiSl 10.01 12384 1 5457 -559% -n5% 113,81 12.15 Gllb,g'(b.rar.Od,S1) '1111144 S11UO S182.32 1238,51 110540 1339.15 145871 157811 1355.03 357.27 "A I "A NtA "A 11430QQ .21.4" GlIU 1H10 ,... 0,58 54,3' 207.18 114.111 7S181 101.49 110.01 61.78 '" 051 .1108% -329" 7,a,?g .18.0" l.IV.lJUuldl 233.22 50tS 107.27 589,58 313.12 nu 48.29 47.82 37.94 10Ue 87010 '99,30 -106% -128% 281111.44 'B' SandlSod 140,84 0.14 423,33 1883 348.77 211.1.54 93.34 221.11 2''''0 60.&2 427,80 291,111 -31.9% 457% 250457 115.'" Sh.unSh 1.32 0.41 0.11 ... 11.72 84,30 11520 153.01 73.112 85,50 58.83 5UB .1.5% 1354'" 452.00 489.1" SlUcIg. 10.30 0.00 HI099 121,81 78.11 2882 88118 128,84 8UO 21.88 0.00 2.98 ERR .797% 731.79 134.1. WaaoClllps 18,01 1H8 11.8' 10,85 11.71 14.71 19.18 111.18 23.71 19.79 0.80 B.OO 38B" .82.0" ,.... -19.1'4 Household Re&i(:labl.1 18g.41 1QQ." 1111.10 181.40 20U5 1114.113 234.29 228.85 2"8' 285.28 31B.44 331,80 4,1" 87.7% 2181,14 27.'" Wall. 011 tlons) 4.16 4,40 4.95 8.08 ..., '.79 I.Hi 7.17 8.89 G.94 8.42 4.111 .27.3% 18.2" 10.02 13.1'4 TOTAl: 1848.34 12'3.08 11144.05 2245.19 22S10.15 2tll1.87 20g8.18 2428.60 228898 1077.51 181&,56 1347.83 .18.6% .42.8% 22488.32 .1.8" GRANO TOTAl: 2834.88 1S1UM 2747.51 3741.02 4128.40 3~3.87 3180.4g 3739.50 3372.25 2B23.87 328312 2860.43 -12.9" -30,1" 3818210 .1'" WaSl.011 (g8110ns) 1175 1205 13515 1680 1810 1860 "B' 1118' "" '"" 17B6 "80 .28.3% 183" 112"1 1U<& '""TOXlcs (r or 55 gllorUll1ll " 10 . " " . " 21 " , " , -100.0% ERR 12' -1t~ - .I,~ - - - - - -~- - IIIII ~ ~ I \.. , r I I lItem Chargeable I Garbage (after Oct. 9 '93): - carter bags I-carter by weight - self-hauled (all bags) Brush C&D I Concrete ~lndclearing {~bbiSh (mixed) Scrap Metal fires I TOTAL: I I I I I Non-chargeable Agricuttural Garbage (before Oct. 9) Grass Leaves/Mulch Sand/Sod Shellfish Sludge Wood Chips Household Recyclables Waste Oil (tons) TOTAL: - RAND TOTAl: -- Waste Oil - (gallons) Toxies (# of 55 gal drums) SOutHOLD TOWN COLLECTION CENTER 1993 YEAR-END MATERIAL SUMMARY I I I 1993 I I TOTAL I I TONS I I I I I I I I I I I I 583.38 I I 746.83 I I 759.04 I I 3545.45 I I 5550.45 I I 619.75 I I 1023.88 I I 2040.58 I I 608.91 I I 215.51 I I I I 15693.78 I I I I I I . I 713.67 . I 11430.90 I 756.29 I 2898.44 I 2504.57 I 452.00 I 731.79 I . 163.50 I I 2767.14 I - 70.02 I I 22488.32 , I 38182.10 I I I I I I 19246.00 I I I I I I 121 I I I 1992 TOTAL TONS % CHANGE 4295.71 6687.51 445.61 1608.99 2614.79 589.79 230.18 N1A N1A N/A -17.5% -17.0% 39.1% -36.4% -22.0% 3.2% -6.4% 16472.58 -4.7% 634.09 14536.49 922.45 2713.32 1279.10 76.71 312.56 204.10 12.6% -21.4% -18.0% 6.8% 95.8% 48.9.2% 134.1% -19.9% 2100.16 61.48 27.6% 13.9% 22840.46 -1.8% 39313.04 -3.0% 16844 14.3% 138 -18.2% \- ~~------~------~- Southold Town Solid Waste Stream 1993 - Total Waste Stream: 38,182 tons AGRICULTURAL 714 MSW 15.560 (garbage, rubbish) : . . ; CLEAN FILL 2,505 METAUTIRES 825 C&D/CONCRETE 6,170 (shellfish, sludge) OTHER 1,184 HH RECYCLABLES 2,837 . i 1 YARD WASTE 8,387 (brush, leaves, grass . lande/eating) Source: Landfill Scalehouse Jan 20, 1994 · iI....... ., I .. I \ I I I I I I I- I I -----. I I I I .. I." . . I (J ( ( ( l ~ ~ 48-1 GARBAGE, RUBBISH AND REFUSE ~ 48-1 Chapter 48 GARBAGE, RUBBISH AND REFUSE ~ 48-1. Definitions. ~ 48-2. Dumping prohibited generally. ~ 48-3. Town refuse disposal area. ~ 48-4. Fees; issuance and duration of permits and licenses. ~ 48-5. Conveyance and transportation of refuse. ~ 48-6. Penalties for offenses. ~ 48-7. Revocation of permit and/or license. /' GENERAL REFERENCES Outdoor burning - See ell. 36. Junkyards - See Ch. 54. Littering - See ell. 57. Scavenger wastes - See Ch. 75. ~ 48-1. Definitions. Words and terms used in this chapter shall have the following ;"eanings: ATTENDANT - Any employee of the Town of Southold placed in charge of a town refuse disposal area under the direction of the Town Board. CANS - Shall be a recyclable and shall mean rinsed- clean containers, with or without labels, comprised of aluminum, tin, steel or a combination thereof which contain or formerly contained only food andlor beverage substances. "Cans" shall not mean oil, paint, pesticide or aerosol cans. [Added 2-5-1991 by L.L. No. 1-1991] 4801 10-25-93 ..... .~ ..- ~'<X ~~ ~ ..... .' . / . .. . . . . . . . .- . I .. . . . Ie . .. H8-1 SOUTHOLD CODE H8-1 CARDBOARD - Shall be a recyclable and shall mean clean, dry corrugated cardboard, flattened and stacked. [Added 11-26-1991 by L.L. No. 26-1991] COMMERCIAL SELF -HAULERS- Those businesses, trades or other commercial enterprises which transport the refuse and/or recyclables generated in the operation of their business, trade or commercial enterprise for deposit at the Town of Southold refuse disposal area. [Added 11-26-1991 by L.L. No. 27-1991] GLASS - Shall be a recyclable and shall mean all clear (flint), green and brown (amber) colored glass containers rinsed clean. "Glass" shall not mean wired glass, crystal, ceramics, plate, window, laminated or mirrored glass or light bulbs. [Added 2-5-1991 by L.L. No. 1-1991] ILLEGAL DUMPING- The deposit by any person of garbage, rubbish, refuse or waste in any public place within the Town of Southold, including its inland waters, other than in containers designated for that purpose. [Added 9-10-1993 by L.L. No. 20:1993] NEWSPAPER - Shall be a recyclable and shall include unsoiled newsprint and all newspaper advertisement. "Newspaper" shall not include phone books, junk mail, plastic bags, cardboard boxes, brown paper bags, magazines, catalogs or glossies. [Added 2-5-1991 by L.L. No. 1-1991] NONRECYCLABLE WASTE - The end product of solid waste remaining after. the extraction of recyclable materials, hazardous waste, construction and demolition debris and landclearing debris. "Nonrecyclable waste" results primarily from the handling, preparation and storage of food and includes but is not limited to putrescible solid waste such as animal and vegetable waste. [Added 9-10-1993 by L.L. No. 20-1993] PERSON - An individual, an association, a partnership or a corporation. 4802 -.. 10-25-93 ( ( ( ( l ... ./" ~ ..~ / .-. '<:K.:l ~--..I ~ ...... . .. . \ . . . . . . ft. . . . . . . .. . I :{ :( ~ ~\ r l ... ~ 48-1 GARBAGE, RUBBISH AND REFUSE ~ 48-1 PLASTICS - Shall be a recyclable and shall mean all food, beverage or household containers such as soda, detergent, bleach, milk, juice, shampoo or cooking oil bottles, rinsed clean. "Plastics' shall not mean caps, appliances, plastic with metal parts, six-pack rings, biodegradable bags, fiberglass, waxed cardboard containers, vinyl or styrofoam. [Added 2-5-1991 by L.L. No. 1-1991] RECYCLABLE - Any can, glass or plastic container or newspaper as defined in this section. [Added 2-5-1991 by L.L. No. 1-1991] RECYCLABLE WOOD [Added 2-5-1991 by L.L. No. 1-1991]: A. Clean, untreated, finished lumber products or remnants containing no nails or other metals; or B. Logs not greater than four (4) feet in length and six (6) inches in diameter. REFUSE - Shall have the same meaning as "nonrecyclable waste." "Refuse" shall not include cans, glass, plastics or newspaper, as further defined herein. [Amended 10-9-1984 by L.L. No. 9-1984; 2-5-1991 by . L.L. No. 1-1991; 9-10-1993 by L.L. No. 20-1993] REFUSE DISPOSAL AREA - The sanitary landfill site owned and operated by the Town of Southold located north of County Route 48 at Cutchogue, New York, and any premises designated by the Town Board as a "refuse disposal area" of the town for the disposal of refuse by the residents of the town. [Amended 10-9-1984 by L.L. No. 9-1984] . RESIDENTIAL SELF-HAULERS _ Those residents who transport their refuse and/or recyclables for deposit at the Town of Southold refuse disposal area. [Added 11-26-1991 by L.L. No. 27-1991] TOWN GARBAGE BAG - A plastic bag bearing the logo of the Seal of the Town of Southold, of such size and 4803 3-25-94 --- ,/ ~ -- l~1 ~.~ ~ .... I .. I I I I I I I ~ I - - ~ 48-1 SOUTHOLD CODE ~ 48-2 design as shall be determined by the Town Board, to be used for the disposal of nonrecyclable waste. [Added 9-10-1993 by L.L. No. 20-1993; amended 2-8-1994 by L.L. No. 1-1994] ~ 48-2. Dumping prohibited generally. [Amended 7-31-1973] A No person shall collect, store, accumulate, throw, cast, deposit or dispose of or cause or permit to be collected, stored, accumulated, thrown, cast, deposited or disposed of any refuse and/or recyclable upon any premises or upon any street, highway, sidewalk or public place within the Town of Southold, except when authorized by the Town Board. [Amended 3-24-1992 by L.L. No. 9-1992] B. Nothing contained herein shall be construed so as to prevent: (1) The temporary accumulation of refuse by a resident of the town upon premises occupied by him, to the extent that such accumulation is ordinary and necessary for his personal household requirements. (2) The disposal of refuse at any refuse disposal area maintained or authorized by the Town of SouthoId. (3) The proper use of receptacles placed upon the streets or other public places in the Town of Southold for the depositing of refuse; provided, however, that such public receptacles shall not be used for the deposit of accumulated household garbage. (4) The engaging in secondhand junk and auto parts activities and businesses when a license therefor has been obtained pursuant to the provisions of the Southold town ordinance licensing and regulating 4804 3-25_9. ...., ( (' ~ co ,./ ( ~ , <2:, "'----- ---..I l ~ r ~~ ... I .. 1\ I I I I I I I- I -- I .- -- r ~ 48-2 r ~ T ~ (. GARBAGE, RUBBISH AND REFUSE ~ 48-2 secondhand junk and auto parts activities and businesses. 1 (Cont'd on page 4805) ~ - -- I~I 1 Editor's: Note: Soe Ch. 54, Junkyanls. (.. --- ~ _a..a 4804.1 3-25-94 ~ -= ---- I III I I I I I I I f' I I - -- \ { (. 7' -L * 48-2 GARBAGE, RUBBISH AND REFUSE * 48-:1 [ C. Nonrecyclable waste and town garbage bags. [Added 9-10-1993 by L.L. No. 20-1993) (I) Nonrecyclable waste shaH be deposited only at designated areas within the town disposal area. (2) Town garbage bags shaH be available at designated areas in the town. (3) The size and design of the town garbage bag shall be determined by resolution of the Town Board. (4) The fee for each size of the town garbage bag shaH be determined by resolution of the Town Board. (5) No person shaH: (a) Duplicate or imitate a town garbage bag. (b) Give, seH or issue in any manner a duplicated or imitated town garbage bag. T ~ * 48-3. Town refuse disposal area. A [Amended 2-5-1991 by L.L. No. 1-1991) No person shaH deposit or cause to be deposited in or on any refuse disposal area maintained by the Town of Southold any substance of any kind except in the areas designated by and under the direction of the attendant in charge, whether such direction is given personaHy or by another person by his authority or by a sign or signs erected in the ref1,1se disposal area by the authority of the Town Board or such attendant. (I) Residential self-haulers and commercial self- haulers. [Amended 11-26-1991 by L.L. No. 26-1991; 11-26-1991 by L.L. No. 27-1991] (a) No cans, as defined herein, shaH be deposited at any Town of Southold disposal area unless such cans are separated from any and aH solid waste, trash, rubbish, vegetative yard waste, cardboard, glass, metal or paper. Such cans are 4805. 10-25_93 ~ -', .... , ,~ ",,' ~ ,~ ......... .... . ~ ~~ . .. . \ \ !j 48-3 . . . . . . .- . -.. . . - - .~ -... SOUTHOLD CODE (' !j 48-3 to be deposited only at designated areas within such town disposal area. (b) No cardboard, as defined herein, shall be deposited at any Town of Southold disposal area unless such cardboard is separate from any and all solid waste, trash, rubbish, vegetative yard waste, cans, glass, plastic, metal or paper. Such ( cardboard is to be deposited only at designated areas within such town disposal areas. (c) No glass, as defined herein, shall be deposited at any Town of Southold disposal area unless such glass is separated from any and all solid waste, trash, rubbish, vegetative yard waste, cans, cardboard, metal or paper. Such glass is to be deposited only at designated areas within such town disposal area and in the area designated for the particular color of glass (i.e., clear, amber or green). (d) No plastic, as defined herein, shall be deposited at any Town of Southold disposal area unless such plastic is separated from any and all solid waste, trash, rubbish, vegetative yard waste, cans, cardboard, glass or paper. Such plastic is to be deposited only at designated areas within such town disposal area or transfer station. ( (e) No newspaper, as defined herein, shall be deposited at any Town of Southold disposal area unless such newspaper is separated from any and all solid waste, trash, rubbish, vegetative (" 4806 10-25-93 l -.. ,/ ~ .~ .~ ~ '~' ----~ '3/ii &: ./ . .. \ . \ . . . . . . .- . -"" . I .- -~ ,I -'< (. -r .~ ( ~ * 48-3 GARBAGE, RUBBISH AND REFUSE * 48-3 yard waste, cans, cardboard, glass or plastic" Such newspaper is to be deposited only at designated areas within such town disposal area. (D Nonrecyclable waste" [Added 9-10-1993 by L.L. No. 20-1993] [l] Residential self-haulers. Nonrecyclable waste generated by residential self-haulers shall be disposed of only in a town garbage bag as defined herein and deposited only at designated areas within the town disposal area. ~ [2J Commercial self-haulers. Nonrecyclable waste generated by commercial self- haulers may be either: [a] Disposed of in a town garbage bag and deposited at designated areas within the town disposal area; or [b] Disposed of at the designated areas within the town disposal area upon paying the appropriate charge as set by Town Board resolution for the weight of nonrecyclable waste deposited. (2) Private residential refuse haulers/carters. la) The owners or Occupants of all residences within the town which utilize collection services provided by persons licensed to collect refuse pursuant to the provisions of this chapter shall place recyclables in separate rigid containers at curbside for collection on such day "or days as the licensee serving such residence shall designate. ~" ~ lC:-= ","----..a..I 4806.1 10-25-93 ::!Ii ""-- --- . .. . . . . . . . .- . .., -.... . ~:~ -:- ....._~,. . :':.'t..J;.~.,' ~-Y".:i}~,.: ; ~,,",' - ;;-~'_:""; .- _. .. * 48-3 SOUTHOLD CODE * 48-3 (b) It shall be unlawful for any person to place out for collection any container in which refuse is mixed with recyclables. (c) It shall be unlawful for any person to collect refuse from a residence which is mixed with recyclables or thereafter to commingle different types of recyclables or to mix recyclables with refuse. (d) Recyclables collected by private residential refuse haulers/carters and transported to the landfilVcollection center shall be deposited in areas designated by appropriate landfill personnel. (e) Nonrecyclable waste. [Added 9-10-1993 by L.L. No. 20-1993J [1] The owners. or occupants of all residences within the town which utilize collection services provided by persons licensed to collect refuse pursuant to the provisions of this chapter shall place nonrecyclable waste in town garbage bags for collection on such day or days as the licensee serving such residents shall designate. [2J It shall be unlawful for any person to place out for collection any nonrecyclable waste which is not in a town garbage bag. It shall be unlawful for any person to collect nonrecyclable waste from a residence which is not in a town garbage bag. [3] Nonrecyclable waste in town garbage bags collected by private residential refuse haulers/carters and transported to the landfill/collection center shall be deposited only in areas designated by appropriate landfill personnel. 4806.2 10-25-93 --- (' ~) (( (. " ., ........ /' --- .~ . ~ --..... .... t..;:;::..;.. _. . .. . \ . . . . . . .- . . . .- - r .;.. { .r . ~ (. <.. ~ ~ 48-3 GARBAGE, RUBBISH AND REFUSE ~ 48-3 (3) Private commercial refuse haulers/carters. [Added 11-26-1991 by L.L. No. 27-1991] (a) The owners or occupants of all commercial es- tablishments within the town which utilize collection services provided by persons licensed to collect refuse pursuant to the provisions of this chapter shall place recyclables in separate rigid containers at curbside for collection on such day or days as the licensee serving such business shall designate. (b) It shall be unlawful for any commercial estab. lishment to place out for collection any container in which refuse is mixed with recyclables. (c) It shall be unlawful for any commercial estab. lishment to place out for collection. any container in which one type of recyclable is mixed with any other type or types of recyclables. (d) It shall be unlawful for any private commercial refuse hauler/carter to collect refuse from any commercial establishment which is mixed with recyclables or thereafter to commingle different types of recyclables or to mix recyclables with refuse. .- ----- (e) Recyclables collected by private commercial refuse haulers/carters and transported to the landfilVcollection center shall be deposited in areas designated by appropriate landfill personnel. B. No garbage, refuse, rubbish or other material that does not have its origin within the Town of Southold shall be deposited or disposed of in the town refuse disposal area. [Added 7-31-1973] - , oQC.a '-- _--..II 4806.3 12_25_93 - -----------.. - . .. . . . . . . . .- . - '-""', ~:";.,"".:::o-"" -~t. ~ 48-3 SOUTHOLD CODE ~ 48-4 C. No garbage, rubbish, refuse or other material that does not have its origin within the Town of Southold shall be conveyed or transported over any street within the town for delivery to the town refuse disposal area. [Added 5-3-1988 by L.L. No. 11-19881] D. No vehicle shall be permitted to transport refuse into any refuse disposal area maintained by the Town of Southold unless such vehicle displays a valid permit and/or license issued pursuant to the provisions of this chapter, except that vehicles owned and operated by any of the following entitled shall be permitted to transport refuse into any refuse disposal area maintained by the Town of Southold, provided that at least one (1) valid permit and/or license has been issued to the particular entity: the State of New York, the County of Suffolk, the Village of Greenport and fire districts, school districts and park districts located within the Town of Southold. [Added 7.24-1979 by LL. No. 1-1979; amended 10-9-1984 by L.L. No. 9-1984; 12-7-1993 by L.L. No. 25-1993] E. The attendant at the town refuse area is authorized to prohibit the disposal of discarded motor vehicles and/or discarded fuel tanks having a capacity in excess of five hundred fifty (550) gallons at the refuse disposal area. [Added 7-15-1986 by LL. No. 7-1986; amended 9-23-1986 by L.L. No. 12-1986] ~ 48-4. Fees; issuance and duration of permits and licenses. [Added 10-9-1984 by LL. No. 9-19842] A The fees for the issuance of permits and/or licenses for vehicles transporting refuse into any refuse disposal area maintained by the Town of Southold shall be as follows: 1 Editor'. Note: This local law -.150 renumbered (ormer Subsections C and D as D and E, rospectively. 2 Editor'. Note: This local Jaw also renumbered (Ormer U48-4 and 18-5 as If 4~5 and "'8-6, resp6Ctively. 4806.4 12-25 -93 I L.__ ::...", .-, . . .~;.: . -.- ({ ~ C; ~ &.,.1 '. -- ~~ '-- ..... .... -..::: ~.. . .. . . . . . . . .- . fiC~'~'-"i'=':;"::~' , -', . . ...:..... ~-_.-_,. _'~~t>_,~;.:;,;_, -":,:~::iI!.-.,,.;'.-'--.,:,. --.:.i~~-':'f._, "'F""'" .>S,...... . .,.;.-...-;;:.::-:.~-:... .-~>;...' '.~.."..;..; - .- --. ~ I ~ --Z" -~ ~ ~ -- ~ 48-4 GARBAGE, RUBBISH AND REFUSE ~ 48-4 (1) [Amended 10-23-1990 by L.L. No. 23-1990] Resident landfill permit: for noncommercial vehicles of less than one-ton capacity owned by a resident and/or taxpayer of the Town of South old and transporting only household refuse, provided that such vehicle displays a valid resident landfill permit issued in accordance with the following: (Cont'd on page 4807) - --- I <xl ........ ......a 4806.4,1 l2-25-93 - ~-'-.. --. I .. I I I I I I I I- I \ \ -- -- - 7' , '\. S 48-4 GARBAGE. RUBBISH AND REFUSE S 48-4 ,(a) A resident landfill permit shall be issued by the Town Clerk or a person designated by her to all persons who are qualified residents of the Town of Southold. Persons applying for a resident landfill permit shall be requested to sign an application in affidavit form and submit for inspection the follow- ( ing as proof of residence: [1] A valid tax receipt stub for the current year for any taxable real property within the Town of Southold '~sessed in the name of the applicant. [2] A valid motor vehicle registration in the name -~~ of the applicant and to an address located .--- within the Town of Southold or to an address corresponding to the address of a validated tax receipt stub for the current tax year for any taxable real property within the Town of Southold affixed to the application. r [3] Such other proof of residence as is satisfactory ~ to the Town Clerk. (h) The Town Clerk or a person designated by the Town Clerk shall inspect such application to determine that the applicant is a qualified resident of the town. Upon approval of the application. a resident landfill permit shall be issued and inscribed with the vehicle license registration number. Such permit shall not be transferred to any other vehicle. (c) Resident landfill permit for motor vehicles shall be permanently affixed to the left side of the front bumper of such vehicle. ~ '~' { (d) The fee for the issuance of a resident landfill permit shall be such fee as shall be prescribed by a resolution of the Southold Town Board. . (2) [Added 2-26-1991 by I.I. No. 3-1991] Lessee landfill permit: for noncommercial vehicles of less than one-ton capacity owned by a lessee in the Thwn of Southold and ~ _a..I' (. 4807 5.25.91 ~ t&:.-~ --- -"" -- I . I I I I I I I I- I --.- I I I, ~ 48-4 SOUTHOLD CODE 948-4 transporting only household refuse. provided that such vehicle displays a valid lessee landfill permit issued in accordance with the following: (a) A lessee landfill permit shall be issued by the Town Clerk or a person designated by her to all persons who lease or rent property within the Town of Southold but do not qualify as residents as defined in 9 48-4A(l) hereof, Persons applying for a lessee landfill permit shall present an application in affidavit form. signed by the lessee and the owner of the property. setting forth: [1] The location of the leased or rented property, [2] The persons occupying the same. [3] The term of such tenancy. (b) Upon a determination by the Town Clerk or person designated by her that the applicant is entitled to a lessee landfill permit and upon the payment of the permit fee. such permit shall be issued and inscribed with the vehicle license registration number and shall be affixed to the vehicle in the same manner as provided in 9 48-4A(lXc) hereof, (c) The fee for the issuance of a lessee landfill permit shall be twenty-five dollars ($25.). (3) [Added 3-26-1991 by 1..1.. No. 9-1991] Guest landfill permit: for noncommercial vehicles of less than one-ton capacity owned by a guest of a resident in the Town of Southold and transporting only household refuse. provided that such vehicle displays a valid guest landfill permit issued in accordance with the following: (a) A guest landfill permit shall be issued by the Town Clerk or a person designated by her to all persons who are qualified residents of the Town of Southold. as defined in 9 48-4A(1) hereof. for use by guests temporarily residing in the dwelling of such resi- dent. A resident applying for a guest landfill permit shall present an application in affidavit form. signed by the applicant. setting forth: -- -- 4808 5.25 - 91 -- ... ( ( ( -- r~ <. ~_-.:..l l "'" ..... , . , , , , , , , ,- , .---- , ,.; ~ ~ 48-4 GARBAGE, RUBBISH AND REFUSE ~ 48-4 r ':1, [lJ The location of the property to be occupied by the guests. [2] The names and permanent addresses of the guests. [3] The length of time of the guest occupancy. (b) Upon a determination by the Town Clerk or person designated by her that the applicant is entitled to a guest landfill permit and upon the payment of the permit fee, such permit shall be issued and inscribed with the vehicle license registration number and shall be affixed to the vehicle in the same manner as provided in ~ 48-4A(1)(c) hereof. (c) The fee for the issuance of a guest landfill permit shall be twenty-five dollars ($25.). (4) Per-load fee of two dollars ($2.) for each noncommercial vehicle of less than one-ton capacity which possesses no permit. [Amended 10-23-1990 by L.L. No. 24-1990; 2-26-1991 by L.L. No. 3-1991; 3-26-1991 by L.L. No. 9-1991] (5) Per-load fee of thirty dollars ($30.) for each single- axle truck which does not possess a permit. [Amended 10-23-1990 by L.L. No. 24-1990; 2-26-1991 by L.L. No. 3-1991; 3-26-1991 by L.L. No. 9-1991; 12-8-1992 by L.L. No. 31-1992] (6) Annual fee of sixty dollars ($60.) for each commercial vehicle transporting liquid septic waste, together with an additional fee of three cents ($0.03) for each gallon of liquid waste discharged. [Amended 10-23-1990 by L.L. No. 24-1990; 2-26-1991 by L.L. No. 3-1991; 3-26-1991 by L.L. No. 9-1991; 12-8-1992 by L.L. No. 31-1992] . (7) Annual fee of sixty dollars ($60.) for each commercial contractor's vehicle of less than one-ton maximum gross vehicle weight. [Amended ----- ~ r l c --- !~ ~ .---..... .-. <l 4809 10-25-93 --- =- """""-"'J..... _..J ....... -- I .. I I I I I I I f' I ------ I I I , \ - .- ~-- * 48-4 SOUTHOLD CODE * 48-4 10-23-1990 by L.L. No. 24-1990; 2-26-1991 by L.L. No. . 3-1991; 3-26-1991 by L.L. No. 9-1991; 12-8-1992 by L.L. No. 31-1992] (8) Annual fee of sixty dollars ($60.) for each farm vehicle of one-ton or more capacity transporting agricultural waste. [Amended 10-23-1990 by L.L. No. 24-1990; 2-26-1991 by L.L. No. 3-1991; 3-26-1991 by L.L. No. 9-1991; 12-8-1992 by L.L. No. 31.1992] (9) Per-load fee of sixty dollars ($60.) for each double- axle truck which does not possess a permit. [Amended 10-23-1990 by L.L. No. 24-1990; 2-26-1991 by L.L. No. 3-1991; 3-26-1991 by L.L. No. 9-1991; 12-8-1992 by L.L. No. 31-1992] (10) Annual fee of two hundred twenty dollars ($220.) for each single-axle vehicle transporting solid waste (garbage). [Amended 10-23-1990 by L.L. No. 24-1990; 2-26-1991 by L.L. No. 3.1991; 3-26-1991 by L.L. No. 9-1991; 12-8-1992 by L.L. No. 31-1992] (11) Annual fee of two hundred twenty dollars ($220.) for each commercial contractor's vehicle of more than one-ton capacity. [Amended 10-23-1990 by L.L. No. 24-1990; 2-26-1991 by L.L. No. 3-1991; 3-26-1991 by L.L. No. 9-1991; 12-8-1992 by L.L. No. 31-1992] (12) Annual fee of six hundred dollars ($600.) for each double-axle and/or compactor-type vehicle transporting solid waste (garbage). [Amended . 10-23-1990 by L.L. No. 24-1990: 2-26-1991 by L.L. No. 3-1991: 3-26-1991 by L.L. No. 9-1991; 12-8-1992 by L:L. No. 31.1992] 4810 10-25_93 -- -": ~ ( ( ( ( c , ..''''::- ...-- ,.,' ~ ,c::.: ~~ ~ &.:..~~ . .. . . . . . . . .- -.. ";- ~r:;e::~~;.;. ~i:....~:.~:;'f" '- . ~'O' IS:' . ~ .,;~. ';*.<~': ,J, .<.~ -- ~:.... .-~. ,. ." .~ JI . . I L___ .... ~ !i 48-4 GARBAGE, RUBBISH AND REFUSE !i 48,4 (3) Annual fee of six hundred dollars ($600.) for each commercial contractor's double-axle and/or tractor- trailer combination of more than one-ton capacity. [Amended 10-23-1990 by L.L. No. 24-1990; 2-26-1991 by L.L. No. 3-1991; 3-26-1991 by L.L. No. 9-1991; 12-8-1992 by L.L. No. 31-1992] B. [Added 11-29-1988 by L.L. No. 29-19884; amended 6-20-1989 by L.L. No. 11-1989; 3-13-1990 by L.L. No. 2-1990; 2-5-1991 by L.L. No. 1-1991; 11-24-1992 by L.L. No. 29-1992; 10-5-1993 by L.L. No. 23-1993] Effective October 9, 1993, in addition to the fees established in !i 48-4A of this chapter, there shall be a fee of three and five-tenths cents ($0.035) per pound on loads containing the following: (1) Heavy brush, landscaping and yard wastes, including but not limited to stumps, branches, shrubs, plants, trees, bushes and the like, but not including leaves and grass clippings. (2) Construction debris, including but not limited to scrap and waste material discarded as refuse resulting from construction. (3) Wood, including but not limited to timber, logs, boards and the like, unless such wood is designated by the landfill attendant as recYclable wood. (4) Demolition debris, including but not limited to waste and rubble resulting from remodeling, demolition and extensive repair of structures, waste cement, concrete, masonry work, bricks, tile, sheetrock, plaster, wood, shingles and the like. (5) Rubbish, including but not limited to furniture, fixtures, television antennas, carpets, awnings, boats and other like objects that are not considered normal everyday household waste. 4 Editors,Note: This local law also redesignated former Subsections B. C and D as Subsections D, E and F. respectively. 4810.1 10-25_93 -.- -- ~-.. , '- ..... .... -..:::,~ - .. I .. I I I I I I I ~. I ----- I ..-':r.'.. ....,.:;,1<... t I I .. I .' I ~ 48-4 SOUTHOLD CODE ~ 48-4 (6) Commercial and household garbage, and rubbish, including but not limited to furniture, fixtures, television antennas, carpets, awnings, boats and other like objects. C. Effective January 1, 1993, in addition to the fees established in ~ 48-4A and B, there shall be a fee of ten dollars ($10.) per item on appliances, including but not limited to white goods, refrigerators, washers, dryers, stoves,dishwashers, ovens and the like. [Added 11-29-1988 by L.L. No. 29-1988; 12-8-1992 by L.L. No. 31-1992) D. Issuance and duration of permits and/or licenses. All permits and/or licenses provided for in this chapter shall be issued by the Town Clerk. All annual permits (including those previously issued) shall expire one (1) year from the date of the issuance thereof. E. Refund of fees. In the event that the Town Clerk has heretofore issued permits for vehicles transporting refuse into the town (Cont'd on page 4811) 4810.2 10-25-93 -.-,.. ........ ( ( --- ( --- , ~. ( ..........~~ L .. ..... . I .. I \ I I I I I I -. -- ~ - /~ '- ( r ~ ( <- ~ ~ 48-4 GARBAGE, RUBBISH AND REFUSE ~ 48-6 landfill site at Cutchogue, and the fees paid therefor exceed the fees provided for herein, the Town Clerk is hereby authorized to refund such excess fees to the holders of such permits and/or licenses. F. Amendment of fees. Notwithstanding any of the provisions hereof, the Town Board may, by resolution, change, modify or repeal any of the fees set forth in ~ 48-4 hereof. ~ 48-5. Conveyance and transportation of refuse. [Amended 3- 24-1992 by L.L. No. 9-1992] No person shall conveyor transport refuse and/or recyclables through the streets or public places of the Town of Southold in any cart, wagon or vehicle or by any other means unless adequate care is taken to prevent the spilling of refuse and/or recyclables in such public places and streets. ..--- o~ ~ 48-6. Penalties for offenses. [Amended 7-31-1973 by L.L. No, 1-1973; 2-7-1989 by L.L. No. 2-1989; 2-5-1991 by L.L. No. 1-1991] A. Illegal dumping, Any person committing an offense of illegal dumping under this chapter shall. upon conviction thereof, be guilty of a violation punishable as follows: (1) For a first offense: (a) A fine of not less than one thousand dollars ($1,000.) and not more than one thousand five hundred dollars ($1,500.); (b) Imprisonment for a term not exceeding ten (10) days; or (c) Community service of forty (40) hours to be per- formed \vithin thirty (30) days of the date of sentencing. . (2) For a second offense: -- ,~ ~_.IiiIOO.I. 4811 6-25-92 ::'i' -- - ~ I .. I I I I I I I ~. .- ~ , \ ~ 48-6 SOUTHOLD CODE ~ 48-7 (a) A fine of not less than two thousand five hundred dollars ($2.500.) and not more than five thousand dollars ($5.000.); (b) Imprisonment for a term not exceeding thirty (30) days; or (c) Community service of one hundred twenty (120) hours to be performed within ninety (90) days of the date of sentencing. B. Recycling offenses and other offenses. Any person committing a recycling offense or any other offense against this chapter other than an offense of illegal dumping shall be subject to a civil penalty enforceable and collectible by the town in the amount of one hundred dollars ($100.) for each offense. Any person committing a second and/or SUbsequent offense within twelve (12) months of the date of the first offense shall be subject to a civil penalty enforceable and collectible by the town in the amount of two hundred dollars ($200.). Such penalty shall be collectible by and in the name of the town for each day that such offense shall continue. C. In addition to the above-provided penalties, the Town Board may also maintain an action or proceeding in the name of the town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter. ~ 48-7. Revocation of permit and/or license. [Added 5-3-88 by L.L. No. 12-1988] A. Permits and/or licenses issued under the provisions of this chapter may be revoked by the Town Board of the Town of Southold after notice and hearing for violation of the provisions of this chapter. B. Notice of the hearing for revocation of a permit and/or license shall be given in writing. setting forth specifically the grounds of the complaint and the time and place of hearing. Such notice shall be mailed. postage prepaid. to the permittee and/ 4812 6 - 25.92 -- ~ ( () .~ ~ c' (1 -- '7' ---- -....... l ~ &.:... I a~ ~ I I I I I I -.. - -,., .........-.... ". ,~~.; ~~iC, _ ~~It~. . ;t.~~i;f~,./:.. ... ~ ~ 48-7 GARBAGE, RUBBISH AND REFUSE ~ 48-7 or licensee at his last known address at least five (5) days prior to the date set for the hearing. Said hearing shall be conducted in a manner wherein the accused permittee and/or licensee is afforded full due process of the law. C. At the conclusion of said hearing and as a result of the evidence adduced therein, the Town Board may. in its discretion, revoke the said permit and/or license or, in lieu thereof, suspend the subject permit and/or license for a specified period of time, censure the permittee and/or licensee or impose a fine, not to exceed two thousand dollars ($2,000.). -." --i ) '. ') 4813 I. l;' . 91 -..---- ------ -- ~c-..- , ~ ~ .... ..-::..... ..